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ncp take son out of school

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corset

Member
What is the name of your state?Pa
ok here is the story
ncp mother takes son out of school there was no modification indicating that son is to be with mother during the school year. the custody is that son is to be with father during the school year.
father was not informed of son being taken from school and put into another school district.

when does this become a kidnapping situation and when does the cops get involved or will they.

thanks ann
 


stealth2

Under the Radar Member
If Dad has custody during the school year, he needs to try to bring the kid home. If he can't do that, he should file against Mom for contempt of the order. He should also contact the new school and let them know that Mom has not authority to enroll the child.
 

corset

Member
ncp mother takes son out of school

i will let husband know this

wow what a nightmare,
thanks for writing back

ann
 

4nomore

Junior Member
stealth2 said:
If Dad has custody during the school year, he needs to try to bring the kid home. If he can't do that, he should file against Mom for contempt of the order. He should also contact the new school and let them know that Mom has not authority to enroll the child.
I am not sure of the laws or rules on this issue in PA. Does anyone know what could happen if the school enrolls the child even if the Dad calls and tells them mom does not have primary custody? As well as tells them he does not give his permission ?
 

corset

Member
ncp mother takes son out of school

perhaps i live in a fantasy world
but i thought this would be kidnapping. the school just let her take the son out of school and now he is enrolled in a horrible school district.
she has bypassed the courts and what about the lawyer, would a lawyer advise the mother or any ncp to take the child out of school. the courts have not modify the custody agreement, and as of august 29 2005 if the son is not back with the father she is in contempt and lets face it how many courts actually take the children away.
everyday i hear about the other parent taking the children away from their custodial parent and the courts do nothing about this, the worse part of this situation is that the cops wont get involved because its a domestic situation.

i have often heard the courts do what is in the best interest of the child, the best interest of the child,,, lets see, the mother has become her own court in delaware county in the state of Pa. I hope all that reads this post, stop and realize that the parents who decide to take matters into their own hands will someday have to answer to a higher being,
thanks for letting me vent
ann
 

dallas702

Senior Member
Contact the local police. Tell them you(?) are going to remove the child from the new school by force if necessary, and that you will have the court order with you. The police will act on the court order. Yes, it is a form of kidnapping, but since the police don't like getting involved in these disputes they often won't act. BUT...if the removal is going to take place on school property they can't refuse. The school administrators also MUST act in accordance with the court order.

You didn't specify but are we to assume that this isn't just about the school, but also about the whole living arrangement?
 
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snostar

Senior Member
stealth2 said:
He should also contact the new school and let them know that Mom has not authority to enroll the child.
Send them a copy of the current court order, that should do the trick. ;)
 

nextwife

Senior Member
I agree, He should both call AND fax them a copy of the custody order, advising them that the child's attendance there is in direct violation of the court order. Then he should contact the child's REAL school and similarly advise then that, PER COURT ORDER, the child will attend there as planned. He also needs to immediately file contempt and NOT sit on this.
 

dallas702

Senior Member
The police would just guarantee that the school wouldn't balk at turning the child over to the CP. Their position is usually whatever the court order says (kind of a "possession" enforcement). They can be helpful if they are treated as part of the solution. Some school districts (like the one that surrounds me) have school police who are also "peace officers" and have full authority to handle any situation.
 

stealth2

Under the Radar Member
Actually, dallas, in many localities the police will NOT get involved in a domestic situation such as this. They'll try and convince the other parent (I can guarantee the school would call the other parent) to release the child, but will very frequently not forcibly remove the child. They'll tell the parent trying to gain access/custody as per the order to take it back to court.
 

dallas702

Senior Member
True, but they won't know until they try. If the school won't return the child, and the CP demands it by showing the CO, my experience is that it is really hard for the police to refuse to take some action because it's at the school.
 

Zephyr

Senior Member
and I think most school districts would balk at opening themselves up for a lawsuit for interference with custody, which is exactly what it would be once they have the order
 

corset

Member
ncp mother takes son out school

thanks all of you
to answer one of the post this is about custodial interference, the ncp mother has defied the court order, son has only been to his father house once since he left for the summer, no phone calls nothing

thanks again
will keep in touch with the forum
 

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