Board of Education unable to interpret law

[sickofabuse]

What is the name of your state? CT

Two Docket Numbers assigned, one for the Decree and one for the Agreement. Agreement states the Plaintiff is granted sole legal and physical custody. Decree has joint custody checked off and primary residence to Plaintiff.

Decree states that "visitation is to be determined by Family Relations". Family Relations never bothered to do a custody evaluation so Plaintiff has permitted visitation for the Defendant at Plaintiff's discretion. There is no visitation order spelled out in court papers.

Plaintiff has plainly stated to the school that minor child's school day is not to be interrupted by the Defendant in the form of phone calls or visits. Principal unable to interpret paperwork and forwarded it to Assistant Town Attorney who interprets Decree as superceding the Agreement.

School has permitted physical visit interrupting minor child's school day expressly against the wishes clearly communicated to the school officials by the Plaintiff that the child's school day NOT be disrupted.

Minor child was called out of class and told the Defendant and new spouse were at the school for a visit. Minor child told the Assistant Principal that the Plaintiff must be called before he can meet with the Defendant. Assistant Principal stated to the minor child that "there is nothing in the court papers that says we need to do that" and insisted the child proceed with the visit. (The child has witnessed domestic disputes between the Defendant and new spouse.)

School officials facilitated visitation and disrupted the minor child's school schedule. A school official inappropriately discussed "court papers" with a nine-year-old child. Is there any legal recourse for their actions since they bypassed court Family Relations and made the decision to facilitate an unauthorized visitation?

 

[Silverplum]

What is the name of your state? CT

Two Docket Numbers assigned, one for the Decree and one for the Agreement. Agreement states the Plaintiff is granted sole legal and physical custody. Decree has joint custody checked off and primary residence to Plaintiff.

Decree states that "visitation is to be determined by Family Relations". Family Relations never bothered to do a custody evaluation so Plaintiff has permitted visitation for the Defendant at Plaintiff's discretion. There is no visitation order spelled out in court papers.

Plaintiff has plainly stated to the school that minor child's school day is not to be interrupted by the Defendant in the form of phone calls or visits. Principal unable to interpret paperwork and forwarded it to Assistant Town Attorney who interprets Decree as superceding the Agreement.

School has permitted physical visit interrupting minor child's school day expressly against the wishes clearly communicated to the school officials by the Plaintiff that the child's school day NOT be disrupted.

Minor child was called out of class and told the Defendant and new spouse were at the school for a visit. Minor child told the Assistant Principal that the Plaintiff must be called before he can meet with the Defendant. Assistant Principal stated to the minor child that "there is nothing in the court papers that says we need to do that" and insisted the child proceed with the visit. (The child has witnessed domestic disputes between the Defendant and new spouse.)

School officials facilitated visitation and disrupted the minor child's school schedule. A school official inappropriately discussed "court papers" with a nine-year-old child. Is there any legal recourse for their actions since they bypassed court Family Relations and made the decision to facilitate an unauthorized visitation?

I don't know.
I can tell you that the school is not a party to anyone's divorce decree. They don't have to interpret it.
I can also tell you that you seem pretty fierce. Did it kill the child to see his/her other parent?

 

[LdiJ]

We don't know the background of the case.

However, the school is WAY out of line here. There could be valid reasons why the defendent doesn't have visitation...the school doesn't know the details. On top of that they were TOTALLY over the line to discuss the court papers with the child. Plus...what school pulls kids out of class to VISIT with parents???

I think that OP needs to have his/her attorney write a strongly worded letter to the school....or take it up the line to the school superintendent.

 

[weenor]

We don't know the background of the case.

However, the school is WAY out of line here. There could be valid reasons why the defendent doesn't have visitation...the school doesn't know the details. On top of that they were TOTALLY over the line to discuss the court papers with the child. Plus...what school pulls kids out of class to VISIT with parents???I think that OP needs to have his/her attorney write a strongly worded letter to the school....or take it up the line to the school superintendent.

You know I was wondering about that too. Unless there was an absolute emergency my hubby would never pull his daughter of class! Now the crazy ex wife who does not have ANY visitation has tried to approach the school and the school has given her records but has denied her repeated requests to see the child. Yes, there are many good reasons for the restrictions and the school officials (and legal) have been made aware of them.

 

[Silverplum]

Of course, that's what OP says.

*I* find it incredibly hard to believe that SCHOOL OFFICIALS would DISCUSS the court papers with a 9 yo. In my experience, school officials bend over backwards to protect kids from everything. Dirt, fights in the yard, reality, court papers, hearing the word "God," etc.

The only instance I can reasonably imagine in which the school officials "discussed the legal papers" with the child would be to tell the kid, "We're sorry you can't see your parent right now. It's not OUR fault. It says so in the court papers."

 

[FrustratedMommy]

It's been my finding that the schools will discuss it with the child, at least they do in my case. I called to get school records and things I am entitled too and I had to fight and use FERPA in order to get it. As soon as it was in the mail they informed my 10 year old daughter, grandparents (who are not a party to the case) and of course my ex.

Blabbermouths.

Schools do whatever they want until you complain loud enough.

 

[Ohiogal]

We don't know the background of the case.

However, the school is WAY out of line here. There could be valid reasons why the defendent doesn't have visitation...the school doesn't know the details. On top of that they were TOTALLY over the line to discuss the court papers with the child. Plus...what school pulls kids out of class to VISIT with parents???

I think that OP needs to have his/her attorney write a strongly worded letter to the school....or take it up the line to the school superintendent.

actually the school is NOT way out of line. If they prohibit a PARENT from seeing their child without a court order stating that the parent is NOT ALLOWED TO SEE THEIR CHILD, then they can be in trouble for interfering with parental authority. They are not allowed to prohibit parents from seeing their children. This case has no court order saying that the parent is not allowed to see their child. What it has is a parent that has decided that the other parent shouldnt' have that right.
Now if the child has been told they are not allowed to see dad without mom's permission (or vice versa) and there is no court order stating that, then that is improper of the parent telling the child that. Sole custody does NOT strip the parental rights of a parent. They still have their parental rights. It may limit their decision making ability or their visitation when the child is not in school however it doesn't mean that the parent cannot be involved in the school. A court order would be necessary to strip those rights.

The one out of line here based on the facts given is the Plaintiff. If the decree came after the agreement then the decree is what controls.