Communication

[mistoffolees]

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

I had a deposition scheduled for today to depose my ex. It was postponed again for the third time. Her lawyer sent a message to my lawyer that my ex would not be available due to her being out of town. The first postponement was because her lawyer was unavailable that day. The second because she couldn't get off work and now the third time.

I contacted my son's teacher to find out if my son was in school today. He is not. If she is out of town and taking my son out of school and especially if she is taking him out of state, she is supposed to contact me to let me know.

I have tried to call her this morning and she did not answer nor returned my call which is normal for her. With her taking him out of school you would think she would answer to let me know why she was going out of town and taking him with her.

What are my options? Can I or should I call the police?

Don't call the police. They can't do anything.

Call the school to get their policy on unexcused absences. And ask your attorney what to do. If she was out of town with the child rather than some essential business issue, you may be able to get her charged with contempt.

 

[Zigner]

Based off my Visitation Agreement.

And, your court ordered (approved) visitation agreement says what regarding this? Word-for-word, not paraphrased.

 

[CJane]

What does your order say, specifically, regarding notification of travel or missing days of school?

And FWIW, I hadn't read this thread previously. I think you're overreacting to the phone thing. I also think, just because YOU had friends over who happen to have kids junior's age, doesn't mean junior wants to hang out with them. Maybe he's just an introverted kid. And that's ok.

 

[StayGravity]

What does your order say, specifically, regarding notification of travel or missing days of school?

Section E of General Terms of Custody and Visitation states:

Providing a Method to Contact Child(ren) During Overnight Trips or Vacations:
Both parties shall be required to furnish a phone number and physical address where they can be contacted when the child(ren) is/are taken out of town on an overnight trip or vacation. This is to enable a parent to reach the child(ren) in the event of an emergency and to further provide for phone visitation.

 

[StayGravity]

What does your order say, specifically, regarding notification of travel or missing days of school?

Paragraph A Section J states:
the custodian will advise the visiting parent of (j) all school or police disciplinary contacts; (k) all accidents, illness or medical contacts and reports of a serious nature; (l) all important developments in the lives and activities of the children including school grades. It shall be remembered that the visiting parent is still the parent of the child or children and their rights and duties as a parent are not ended except to the extent specifically provided for and necessary to carry out the judgment of the court.

 

[proud_parent]

Section E of General Terms of Custody and Visitation states:

Providing a Method to Contact Child(ren) During Overnight Trips or Vacations:
Both parties shall be required to furnish a phone number and physical address where they can be contacted when the child(ren) is/are taken out of town on an overnight trip or vacation. This is to enable a parent to reach the child(ren) in the event of an emergency and to further provide for phone visitation.

How do you know this isn't just a day trip?

 

[proud_parent]

Paragraph A Section J states:
the custodian will advise the visiting parent of (j) all school or police disciplinary contacts; (k) all accidents, illness or medical contacts and reports of a serious nature; (l) all important developments in the lives and activities of the children including school grades. It shall be remembered that the visiting parent is still the parent of the child or children and their rights and duties as a parent are not ended except to the extent specifically provided for and necessary to carry out the judgment of the court.

This doesn't address occasional absences from school.

 

[StayGravity]

How do you know this isn't just a day trip?

I do not know that it isn't. But her taking our son out of school would suggest otherwise. I just found out that he was picked up early from school yesterday. So that might suggest they left last night but that is a guess and I cannot prove it to be true.

 

[TheGeekess]

I do not know that it isn't. But her taking our son out of school would suggest otherwise. I just found out that he was picked up early from school yesterday. So that might suggest they left last night but that is a guess and I cannot prove it to be true.

Maybe she had a family emergency.

 

[StayGravity]

Maybe she had a family emergency.

Maybe and if she did that is sad and I will give my condolences. She should still give me a courtesy call and let me know. I did when I had a family emergency and took him out of town. Even if she didn't think about it when she left, she still should have answered when I called to find out what was going on.

 

[Isis1]

Maybe and if she did that is sad and I will give my condolences. She should still give me a courtesy call and let me know. I did when I had a family emergency and took him out of town. Even if she didn't think about it when she left, she still should have answered when I called to find out what was going on.

Sometimes family emergencies happen and end up in a place where you are supposed to TURN YOUR PHONE OFF!

 

[mistoffolees]

Maybe and if she did that is sad and I will give my condolences. She should still give me a courtesy call and let me know. I did when I had a family emergency and took him out of town. Even if she didn't think about it when she left, she still should have answered when I called to find out what was going on.

OK, I'm starting to lose patience with you. Your endless whining threads and complaining about trivial things is starting to get to me.

Here's how it works. What you consider to be courtesy is irrelevant. It's all about what your court order says. If it's not in the court order, she doesn't have to do it. End of discussion.

 

[CJane]

Nothing you posted indicates that Mom has to inform you of missed school days or trips.

All that seems to say is that you should be given communication information. Clearly, you have her number and kiddo's number. They're not, however, obligated to answer or call back unless/until it's convenient.

 

[StayGravity]

OK, I'm starting to lose patience with you. Your endless whining threads and complaining about trivial things is starting to get to me.

Here's how it works. What you consider to be courtesy is irrelevant. It's all about what your court order says. If it's not in the court order, she doesn't have to do it. End of discussion.

Got it. Whats the purpose of asking for advice if all you are going to do is tell me how whinny I am or that I complain too much.

If things were going as they should, I wouldn't be here asking for advice. So mistoffolees If you are going to do nothing but criticize, then stop reading on this forum. Courtesy while not a legal term is a human trait. Some realize it while others don't care. I guess I can put you in the it is all about me category and screw everyone else.

 

[StayGravity]

Nothing you posted indicates that Mom has to inform you of missed school days or trips.

All that seems to say is that you should be given communication information. Clearly, you have her number and kiddo's number. They're not, however, obligated to answer or call back unless/until it's convenient.

OK CJane: Lets do it this way. You are trying to depose your child's other parent. That parent constantly has an excuse for not being there. They take your child out of school and then has their lawyer postpone the deposition for the third time. Would you not be suspicious as to what they were doing? Why all of a sudden take your child out of school? If it was a family emergency what would have to hide that you couldn't call or answer a phone call.

Point is, I have every legal right to know where my son is. I have every legal right as his parent whether CP or NCP to know why my child isn't in school. I have every legal right to anything and everything that concerns my son. That isn't my opinion, that is fact.