can i sue my childrens school

[Zigner]

cause she was selectively mute

and my son was born a premie and wasn't at hi age level

What special education services have you sought for your children?

 

[Just Blue]

cause she was selectively mute

and my son was born a premie and wasn't at hi age level

Do you have a learning disability?

 

[Silverplum]

Non-prioritized escalation.

 

[LdiJ]

The school is correct. Without a restraining order, they can actually get into trouble for not releasing the kids to Dad/his agent.

They don't care about your court order, since it's irrelevant.

If you want to modify the order, take it back to court.

Now. If he's taking the children and keeping them from you when it's your parenting time, that's another issue entirely.

Well...since dad's parenting time never starts until 6PM he or his "agent" are definitely violating the court orders if either one of them are picking up the children from school.

I am thoroughly familiar with the arguments made by a family law attorney that a school cannot refuse to release the children to either parent unless there is a restraining order, without getting into trouble.

However, lets break that argument down. The school's response to the parent is "I am sorry but we have a copy of your custody orders and you do not have the right to access the children during school hours". First possible reaction: The parent in question calls the police to the school. The police arrive. The school explains their position. What is the likely response of the police? Will the police clearly facilitate the violation of the court orders by ordering the school to turn the children over to the parent? Or will the police say "civil matter between the parents we won't get involved"? Remember, this is a parent with no legal or physical custody and defined, specific access to the children.

Second possible reaction: The parent in question sues the school for not releasing the children. What defense is going to be raised in the civil suit? The court order and the testimony of the custodial parent. Can a judge actually find in favor of the suing parent when they were clearly violating a custody order that gives that parent defined and specific access to the children that does not include school hours?

Lets get rid of all gender issues on this one...because gender issues are moot. What is the school's greatest risk both criminally and civilily?

I can certainly understand a school deciding that they will NOT police custody orders. However, at the same time I think that the school's risk is much higher if they refuse to acknowledge situations where one of the parents has no legal or physical custody and has defined access.

 

[Proserpina]

Well...since dad's parenting time never starts until 6PM he or his "agent" are definitely violating the court orders if either one of them are picking up the children from school.

I am thoroughly familiar with the arguments made by a family law attorney that a school cannot refuse to release the children to either parent unless there is a restraining order, without getting into trouble.

However, lets break that argument down. The school's response to the parent is "I am sorry but we have a copy of your custody orders and you do not have the right to access the children during school hours". First possible reaction: The parent in question calls the police to the school. The police arrive. The school explains their position. What is the likely response of the police? Will the police clearly facilitate the violation of the court orders by ordering the school to turn the children over to the parent? Or will the police say "civil matter between the parents we won't get involved"? Remember, this is a parent with no legal or physical custody and defined, specific access to the children.

Second possible reaction: The parent in question sues the school for not releasing the children. What defense is going to be raised in the civil suit? The court order and the testimony of the custodial parent. Can a judge actually find in favor of the suing parent when they were clearly violating a custody order that gives that parent defined and specific access to the children that does not include school hours?

Lets get rid of all gender issues on this one...because gender issues are moot. What is the school's greatest risk both criminally and civilily?

I can certainly understand a school deciding that they will NOT police custody orders. However, at the same time I think that the school's risk is much higher if they refuse to acknowledge situations where one of the parents has no legal or physical custody and has defined access.

There is so much reaching there you're about 3 feet away from landing on the moon. And who the hell brought up gender issues?

How many times has a parent used an old court order purely to piss off the other parent?
How many times has a parent given a list of people allowed to pick up the kids, and then every other week cross off, add back on, cross off...
What happens if Mom is in a wreck, can't contact anyone - what's the school going to do? Wait until there's an ex parte order in their hands from the other parent?

It is absolutely NOT the school's responsibility to interpret OR enforce custody orders. If Mom wants the order made more specific, her recourse is through family court. Her recourse is not using the school to unwittingly fire barbs at the other parent.

If anything, you've just proven my point; court orders are for parents. Restraining orders are for parents and schools.