FL violating parenting plan again

[ScubaJim]

The main issue is the distance it puts between my daughter and I.

 

[LdiJ]

The main issue is the distance it puts between my daughter and I.

Does it have any impact on your parenting time?

What I am trying to figure out is whether or not this is something that a judge would feel is good for your child, and as long as the judge makes sure that you would not have to pay for it, and it doesn't have a significant impact on your parenting time, is the judge going to be ok with it?

However, I see more than one issue here. Lets say that its determined that it really is in your daughter's best interest to attend a private school. Maybe she has some special abilities that are enhanced by attending a private school...or whatnot.

The issue then becomes, does she have to attend THAT particular private school?

Its one thing to go into court saying that mom is violating the joint legal custody order by enrolling the child in private school.

Its another thing to go into court saying that mom is violating the joint legal custody order by enrolling the child in private school, that is one hour away from dad, on purpose, to thwart dad's ability to participate, and proving it by providing the judge a list of other private schools, closer to mom and dad, that could provide the child the same educational opportunities.

 

[ScubaJim]

This a complicated issue I will try to keep it short and sweet.. I told the mother I did not like a cretin school last year. She enrolled her anyway. We went to court the judge said she was in violation. But nothing happen. This year 5 months after the judgement she enrolled the child in to the same school even after I said I liked a different one. Do you all think she will get in trouble this time?

 

[LdiJ]

This a complicated issue I will try to keep it short and sweet.. I told the mother I did not like a cretin school last year. She enrolled her anyway. We went to court the judge said she was in violation. But nothing happen. This year 5 months after the judgement she enrolled the child in to the same school even after I said I liked a different one. Do you all think she will get in trouble this time?

What is a cretin school? The only reference I could find on google is for one with that name in Minnesota. What grade level is the child?

 

[stealth2]

What is a cretin school? The only reference I could find on google is for one with that name in Minnesota. What grade level is the child?

I suspect Dad meant *Christian*. Who's the cretin, now?

 

[Silverplum]

I suspect Dad meant *Christian*. Who's the cretin, now?

My bet is on "certain."

 

[LdiJ]

I suspect Dad meant *Christian*. Who's the cretin, now?

I was going to call him out on that but then I decided to google first. Once I found one school with that name I thought I better ask.

 

[Silverplum]

I was going to call him out on that but then I decided to google first. Once I found one school with that name I thought I better ask.

That would be incredibly sad, to go to the "Cretin School."

cre·tin /ˈkrētn/Noun
1.A stupid person (used as a general term of abuse).
2.A person deformed and mentally handicapped due to a congenital thyroid deficiency.

Synonyms
nitwit - imbecile

 

[aardvarc]

This a complicated issue I will try to keep it short and sweet.. I told the mother I did not like a cretin school last year. She enrolled her anyway. We went to court the judge said she was in violation. But nothing happen. This year 5 months after the judgement she enrolled the child in to the same school even after I said I liked a different one. Do you all think she will get in trouble this time?

As far as the court is concerned, RE-enrolling her in the SAME school is NOT going to result in a finding of contempt. The violation occurred with the initial enrollment. Parents often fail to grasp that just because something technically violates a standing order, that doesn't mean that "punishment" or change ensues. Some violations might actually benefit the child, even if it pisses the other parent off. Unless you posed some incredible reason that attending the school would be either harmful to the child or SUBSTANTIALLY interfere with your visitation, we could have predicted for you in advance that the court wouldn't get it's panties in a wad over mom enrolling the child, even if in violation of the order. The simple fact being that there has never been a custody order written in the history of custody orders that covers every possible scenario involving a child, which is why we have courts and judges to whom questions about custody can be brought. Sometimes those judges find that doing nothing about a situation is appropriate. And it sound like that's what happened here.

Going back to what you've been told, repeatedly, this is about the CHILD, THE CHILD, not the parents, and one of the biggest things courts do to protect children who are the target of custody issues is to maintain STABILITY for those children. If the child attended school there last year without issues and seems to be doing ok there, the court is going to SUPPORT mom KEEPING the child there - because re-starting a different school needlessly stresses and traumatizes the CHILD. The court isn't going to order that done to the child to accomodate a 1 hour drive time for you. Fair or not, that's how the COURT is going to see it.

If you've got time and money to throw at windmills, by all means pursue this issue. But the reality you're facing is that you haven't YET made a single statement that indicates ANYTHING negative for the CHILD in relation to the child attending the school. If the school's location is problematic for you and your big hissy fit is about travel time, then spend your time and money modifying your visitation schedule. But the court is NOT going to find mom in contempt for maintaining stablity for the child by keeping the child in the same school.