ex parte restraining order

[luvisabattle]

What is the name of your state (only U.S. law)? Washington

what are the chances of a court agreeing to a restraining order that my ex's lawyer is requesting today to keep me from switching my daughter's daycare (no danger involved)?

 

[Isis1]

What is the name of your state (only U.S. law)? Washington

what are the chances of a court agreeing to a restraining order that my ex's lawyer is requesting today to keep me from switching my daughter's daycare (no danger involved)?

even Crystal Ball needs more information that that to hazard a guess.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Washington

what are the chances of a court agreeing to a restraining order that my ex's lawyer is requesting today to keep me from switching my daughter's daycare (no danger involved)?

Why are you changing the child's day care? Where is the new daycare? Does your ex have joint legal custody?

 

[luvisabattle]

My daughters father and I have joint decision making on daycare arrangements. I have been trying to get him to agree to me changing for over a year now. He keeps putting me off with a new excuse. We went to mediation and the mediator told him he should agree. I made made the arrangements to switch her next week and his lawyer said she was getting a restraining order.

 

[Isis1]

My daughters father and I have joint decision making on daycare arrangements. I have been trying to get him to agree to me changing for over a year now. He keeps putting me off with a new excuse. We went to mediation and the mediator told him he should agree. I made made the arrangements to switch her next week and his lawyer said she was getting a restraining order.

what is your reason for wanting the change? what is his reason for not wanting the change?

 

[Silverplum]

My daughters father and I have joint decision making on daycare arrangements. I have been trying to get him to agree to me changing for over a year now. He keeps putting me off with a new excuse. We went to mediation and the mediator told him he should agree. I made made the arrangements to switch her next week and his lawyer said she was getting a restraining order.

The mediator ain't the JUDGE. The mediator does not have the power to tell Dad or Mom they should or should not do a dang thing.

Making a decision unilaterally when you are court ordered to share the decision is not a good idea.

 

[luvisabattle]

She's been at the present daycare for four years. It's more geared towards babies / preschool age. The new daycare is geared towards school aged children (my daughter is 8 in may). The new daycare has designated homework time and planned activites. The old daycare doesn't.

Then begining in Oct some boys at her old daycare started bulling her. Pushing her down and saying hostile things to her. The director made it sound like my duaghter was being dramatic.

my ex has been denying every request I've made for the past three years. He first said it was financially too expensive ($17 a month dif) and then he said he'd think about it after winter break then he said it's too much of a change for our daughter.

 

[Ohiogal]

My daughters father and I have joint decision making on daycare arrangements. I have been trying to get him to agree to me changing for over a year now. He keeps putting me off with a new excuse. We went to mediation and the mediator told him he should agree. I made made the arrangements to switch her next week and his lawyer said she was getting a restraining order.

The mediator does NOT dictate. If dad doesn't agree, you do NOT get to unilaterally change daycares. What you need to do is go to court and get a court order ALLOWING YOU to change the daycare without dad's permission/agreement.

 

[Ohiogal]

She's been at the present daycare for four years. It's more geared towards babies / preschool age. The new daycare is geared towards school aged children (my daughter is 8 in may). The new daycare has designated homework time and planned activites. The old daycare doesn't.

Then begining in Oct some boys at her old daycare started bulling her. Pushing her down and saying hostile things to her. The director made it sound like my duaghter was being dramatic.

my ex has been denying every request I've made for the past three years. He first said it was financially too expensive ($17 a month dif) and then he said he'd think about it after winter break then he said it's too much of a change for our daughter.

You do NOT get to unilaterally change daycares. How do you know your daughter was NOT being dramatic? Have you witnessed the bullying? What have you done in regards with the bullying? Has dad been made aware? Your ex does NOT have to consent to your wishes. If you want to change daycares, you go to court. It is possible the attorney could get an injunction preventing the move.

 

[luvisabattle]

the mediator told my ex that he could file a motion against me in court about the daycare, but that it would more than likely be a waste of his time. She said that he should make the decisions when our daughter is with him (in the summer) and I should make them when she's with me.

He was nodding and agreeing with her in mediation.

It's just a control issue with him, it doesnt make sense that a court would expect me to have to file a motion every time I'd like to make a change in daycare / medical / religion etc. Our daughter is growing and has different needs that constitue changes.

 

[Ohiogal]

the mediator told my ex that he could file a motion against me in court about the daycare, but that it would more than likely be a waste of his time. She said that he should make the decisions when our daughter is with him (in the summer) and I should make them when she's with me.

He was nodding and agreeing with her in mediation.

It's just a control issue with him, it doesnt make sense that a court would expect me to have to file a motion every time I'd like to make a change in daycare / medical / religion etc. Our daughter is growing and has different needs that constitue changes.

If he doesn't agree with changes in medical and day care and education and you want changes then you NEED to file in court. End of story. Dad can probably get an injunction to prevent changes UNTIL the court hears all the evidence.

 

[CourtClerk]

Then begining in Oct some boys at her old daycare started bulling her. Pushing her down and saying hostile things to her.

Wow... that won't happen anywhere else... especially not between the ages of say 8 and 12.

The director made it sound like my duaghter was being dramatic.

The director was probably right. Sounds as if her mother is being equally as dramatic, or just using whatever she can find to justify the move.

 

[luvisabattle]

Again with the joint decision making issue...

I am now able to adjust my work schedule so that I can file a motion to have our parenting plan modified (again). To clarify residential time issues that have come up this past year, but I also need resolution to the problem of my wanting to change our duaghter's daycare so am wondering how to add that onto my modification motion, or does it need to be filed seperately? And what do you file - "Request to make a daycare change" ....