School Ignoring Joint Legal

Parental Alienation, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

School Ignoring Joint Legal

Unread postby OrigamiDragon » Fri Jan 12, 2018 10:50 am

S5 IN

Mother relocated a week ago without warning. She is trying to enroll him in a different school based on her convince and spite (I am very involved at his current school). I provided the paperwork to the prospective school. My lawyer confirmed she doesn't have the legal authority to do this. *HER* lawyer confirmed she doesn't have the legal authority to do this. The school has decided that they *must* allow his enrollment upon her request. I am floored and have no idea how to respond.
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Re: School Ignoring Joint Legal

Unread postby massdad1234 » Fri Jan 12, 2018 11:10 am

are you saying the child is attending Kindergarten?
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Re: School Ignoring Joint Legal

Unread postby OrigamiDragon » Fri Jan 12, 2018 11:15 am

massdad1234 wrote:are you saying the child is attending Kindergarten?


Yes, he is currently enrolled in Kindergarren and she is attempting to transfer him, never even asked. More alarming the school is planning to allow it.
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Re: School Ignoring Joint Legal

Unread postby dad2grls » Fri Jan 12, 2018 11:37 am

How did her lawyer confirm she doesn't have the legal authority to do this?

Seems rather odd, she goes and enrolls your child in another school and her own attorney indicates she's breaking the law. I mean even if she is, why would her attorney say that?

It would be like a murder suspects attorney saying "yeah, he did it your honor, please let's just get to the sentencing part, I've got a lunch date at noon".

With attorneys like that, who needs enemies?
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Re: School Ignoring Joint Legal

Unread postby OrigamiDragon » Fri Jan 12, 2018 11:43 am

dad2grls wrote:How did her lawyer confirm she doesn't have the legal authority to do this?

Seems rather odd, she goes and enrolls your child in another school and her own attorney indicates she's breaking the law. I mean even if she is, why would her attorney say that?

It would be like a murder suspects attorney saying "yeah, he did it your honor, please let's just get to the sentencing part, I've got a lunch date at noon".

With attorneys like that, who needs enemies?


I just cut out the lawyer speak. Verbatim he strongly advised her against enrolling him elsewhere and recommended leaving him at his current school unless she had my consent. She was doing it without consulting with her lawyer. My concern is the school is willing to enable her which means upheaval for my son.
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Re: School Ignoring Joint Legal

Unread postby hoosier_dad » Fri Jan 12, 2018 12:01 pm

This thread doesn't really show the full picture apart from your relocation thread. The real battle is the relocation objection process, this school issue is a distraction and could help your case in the end.
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Re: School Ignoring Joint Legal

Unread postby dad2grls » Fri Jan 12, 2018 12:12 pm

File an emergency petition with the courts who will hopefully expedite the matter, and you'll get up there within a reasonable time and say your ex violated a court order by enrolling your child in another school, at which point the court will ask your ex why she did that, at which time she'll come up with any number of reasons that she was coached to talk about by her attorney, at which point the judge will either say:

1) "I'm not buying your excuses, you violated a court order, you will immediately re-enroll the child back in the district he was in before", and possibly impose penalties, sanctions or jail time (obviously unlikely)

or

2) The judge will say "You should not have resorted to "self help" and done this without the permission of the child's father or the courts but your reasons are valid so the child will stay in the district she is currently enrolled" which defies logic, the law, and common sense but you just never know what a judge is going to do, they don't always play by the rules.

You'll walk out of there either with a win and a pat on the back from your attorney or your head will be spinning at the unfairness of it all.
Last edited by dad2grls on Fri Jan 12, 2018 12:14 pm, edited 1 time in total.
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Re: School Ignoring Joint Legal

Unread postby OrigamiDragon » Fri Jan 12, 2018 12:13 pm

hoosier_dad wrote:This thread doesn't really show the full picture apart from your relocation thread. The real battle is the relocation objection process, this school issue is a distraction and could help your case in the end.


I spun it off just to see if there was a specific way tok apply the brakes. I recognize the potential long term gains by letting her hang herself with a lasie faire rope but the immediate cost to my son seemed too great. I worry about how hard it would be to enforce my joint legal rights at this new district which seemed like a more generic problem.

dad2grls wrote:
2) The judge will say "You should not have resorted to "self help" and done this without the permission of the child's father or the courts but your reasons are valid so the child will stay in the district she is currently enrolled.



Easier to beg forgiveness than ask permission. Did everything I could to demonstrate my legal right in this process, with confimation from the lawyers involved in the case and was scary to be ignored anyway.
Last edited by OrigamiDragon on Fri Jan 12, 2018 12:17 pm, edited 1 time in total.
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Re: School Ignoring Joint Legal

Unread postby BCD2016 » Fri Jan 12, 2018 12:16 pm

Just went through this in CA.

We shared joint legal and she is the primary. She moved 30 minutes away but within the county and tried to tell me that the kids would be going to a new school. Per our MSA we must make decisions on education together and if one of us should not agree the parent trying to enforce a change must take the decision to court.

FCS and judge ruled (or rubber stamped more likely) that the kids remain in their current school.

The thing is, at least here in CA, the new school was required to allow her to enroll them. The current schools told me they wouldn’t release the files but in reality, they have no choice. The principal assured me it wouldn’t happen and then as we neared the next school year, the school lawyer told me they had no choice until the matter was settled with the courts. You cannot be dual enrolled in two schools and it will be based off the registering parents address.

This all occurred during summer break, and I have a strong suspicion had it been during the school year or our hearing occurred after the new school year started FCS and the judge would have not moved the kids schools back.

The good thing is this move shows she is the uncooperative parent. She is making a unilateral decision which is parent focused and not child focused. In my case, FCS recommended that the children need stability aka that very status quo that she won every other victory with.

Keep in mind our children are younger (only one was school age at the time). The judge did not agree with the children being invested in their community. Nor did he care about the commute our children would have. He identified the commute as still quality time. He also didn’t care how the schedule affected her employment schedule (or the lack of one) now or in the future. All angles she tried to use to justify the change in schools.
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Re: School Ignoring Joint Legal

Unread postby dad2grls » Fri Jan 12, 2018 12:17 pm

OrigamiDragon wrote:I spun it off just to see if there was a specific way tok apply the brakes. I recognize the potential long term gains by letting her hang herself with a lasie faire rope but the immediate cost to my son seemed too great. I worry about how hard it would be to enforce my joint legal rights at this new district which seemed like a more generic problem.


"Joint legal" is otherwise known as "giving the noncustodial father the false belief that he actually has some say in his child's upbringing". It's a falsehood generated by attorneys and the courts to keep dad quietly in his place because he thinks he's got some control over a runaway train.

If mom is the custodial parent and the primary caregiver, she can do pretty much whatever she wants when it comes to school, religion, medical decision making, etc, and there's little to nothing dad can do about it other than spend a lot of money petitioning the court who probably won't do more than give mom a verbal slap of the wrist and a warning "not to do it again" until of course she "does it again".

Yes, some dad's might get a win here or there as the above post suggests but in my experience and from countless decisions I've read- it's the exception not the rule. Especially if the decision has already been made and implemented.

Act fast, if the child starts school in the other district, you've as good as lost.
Last edited by dad2grls on Fri Jan 12, 2018 12:23 pm, edited 1 time in total.
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