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is this family or small claims issue???

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Sara_1970

Guest
FL

Can someone tell me if this case is better suited for civil court or for family court?

Visitation Interference - My hubby's ex had given us permission to take their oldest child with us to our wedding. We have an email from her six to seven months prior to the date in which she agreed that he could go. He was very excited about going and we all planned it ... fitted the tux, bought airplane tickets, and bought family medallions that were going to be part of the ceremony. His ex even gave my husband directions to the Office to pick up child's birth certificate.
Two days before we were scheduled to pick the child up, she told us that we could get him Friday at 6:30 pm. We were leaving early Sat. Upon arrival at 6:20 pm, she refused ... claiming that we had not informed the school. We stated that we would contact the teacher and let her know (he'd miss 3 days and he's in grade 2). She went inside and called the police. We waited for them and when they came she said that we were trepassing (not even mentioning our trip). To say the least we have a VERY favourable police report but the COPS were unable to force her to let him go.

Small claims or family court?
 


I AM ALWAYS LIABLE

Senior Member
Sara_1970 said:
FL

Can someone tell me if this case is better suited for civil court or for family court?

Visitation Interference - My hubby's ex had given us permission to take their oldest child with us to our wedding. We have an email from her six to seven months prior to the date in which she agreed that he could go. He was very excited about going and we all planned it ... fitted the tux, bought airplane tickets, and bought family medallions that were going to be part of the ceremony. His ex even gave my husband directions to the Office to pick up child's birth certificate.
Two days before we were scheduled to pick the child up, she told us that we could get him Friday at 6:30 pm. We were leaving early Sat. Upon arrival at 6:20 pm, she refused ... claiming that we had not informed the school. We stated that we would contact the teacher and let her know (he'd miss 3 days and he's in grade 2). She went inside and called the police. We waited for them and when they came she said that we were trepassing (not even mentioning our trip). To say the least we have a VERY favourable police report but the COPS were unable to force her to let him go.

Small claims or family court?
My response:

Small Claims court. Your causes of action are - -

1. Breach of Contract.

2. Contractual Bad Faith.

3. Detrimental Reliance.

4. Intentional Infliction of Emotional Distress.

5. Negligent Infliction of Emotional Distress.


a. Punitive Damages (#2, and #4)

b. Actual Damages (#1, #3)

c. General Damages (#5)


She's in deep poo-poo.

IAAL
 
Last edited:

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