stalking ex ????

[wornOUTinMD]

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

My ex and I recently had a scheduling conference, in regards to our parenting agreement that we created. When we appeared before the judge, he asked if we had any changes to the plan. I did, so I made the judge aware - my change was that I take my son to school everyday(I had initially done this, but my ex expressed an interest to rotate school days, and I agreed), instead of the rotating days that my ex and I had, because the days that my ex takes my son to school, something negative always happens - i.e. My son came home with a burned eye one day; another day, he had duct tape wrapped around his feet; another day, he arrived at school with ripped clothing or missing clothing, and, also, my son is acting out in school, and has acquired some incident reports - just to name a few incidents that have occurred. Anyway, my ex agreed to the change. The judge closed our case, and we recently received our "official ruling" that our agreement is to be followed. Since our appearance before the judge, my ex has been stalking my son and I in the school parking lot. I'm not sure where his car is parked, but he somehow magically jumps out from between cars at any given moment, as I drop my son off to school. This has caused more outrageous behavior from my son, to the point that its affecting his schooling. My ex also popped up at school one afternoon and pulled my son out of school in the middle of the day without calling me (I didn't find out about this until I was standing at the school for 20 minutes, wondering why my child hadn't come out of the building - I found out from the teacher!).

My question is: Is there something that I can do to stop this neurotic behavior from my ex, or to ensure better safety for my son? He just did the same "pop out" in the parking lot this morning at my son's school. This is starting to become a pattern of his - he says that he does this because he doesn't agree with my "assessment of the situation," yet in the courtroom, he said it was fine - can he go against a court ordered agreement? Help!What is the name of your state (only U.S. law)?

 

[truebluemd]

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

My ex and I recently had a scheduling conference, in regards to our parenting agreement that we created. When we appeared before the judge, he asked if we had any changes to the plan. I did, so I made the judge aware - my change was that I take my son to school everyday(I had initially done this, but my ex expressed an interest to rotate school days, and I agreed), instead of the rotating days that my ex and I had, because the days that my ex takes my son to school, something negative always happens - i.e. My son came home with a burned eye one day; another day, he had duct tape wrapped around his feet; another day, he arrived at school with ripped clothing or missing clothing, and, also, my son is acting out in school, and has acquired some incident reports - just to name a few incidents that have occurred. Anyway, my ex agreed to the change. The judge closed our case, and we recently received our "official ruling" that our agreement is to be followed. Since our appearance before the judge, my ex has been stalking my son and I in the school parking lot. I'm not sure where his car is parked, but he somehow magically jumps out from between cars at any given moment, as I drop my son off to school. This has caused more outrageous behavior from my son, to the point that its affecting his schooling. My ex also popped up at school one afternoon and pulled my son out of school in the middle of the day without calling me (I didn't find out about this until I was standing at the school for 20 minutes, wondering why my child hadn't come out of the building - I found out from the teacher!).

My question is: Is there something that I can do to stop this neurotic behavior from my ex, or to ensure better safety for my son? He just did the same "pop out" in the parking lot this morning at my son's school. This is starting to become a pattern of his - he says that he does this because he doesn't agree with my "assessment of the situation," yet in the courtroom, he said it was fine - can he go against a court ordered agreement? Help!What is the name of your state (only U.S. law)?

Have you received the signed order? Does it say anything about picking up the child from school in addition to who takes the child to school? Have you given the school a copy of the signed order? He should not be removing the child from school at all, especially if its not on his parenting time. You could try to file for a modification to the order, but its hard to change something so soon after getting a signed order. If your still in the exceptions period then you can also try to get something in now. Where dad is not allowed to removed the child from school unless you both agree.

As far as the stalking, you may have to take that up by trying to file an TRO, but that may be a challenge as well.

 

[wornOUTinMD]

stalking ex ???

Wow, thanks for the information!

I'm not certain what a TRO is, but I will certainly look into it! We just received the signed Consent to Order papers in the mail, this past Friday. The ruling was made last week. I spoke to the case worker for our case, and she said the same thing - to file a modification or some kind of change within 30 days, and if my ex does not abide by it, file some kind of "contempt" paperwork ??? Would that cause us to appear before a Judge/Master again?


In terms of the pick-up/drop off to school: Yes, the order specifies that my ex will no longer take my son to school, and that I will take him from school, as well as pick him up, as well as what days each of us has the kids - my ex has received a copy of this, also. So, the "Consent to Order" paper is our "official" court document? If so, I will be sure to make copies and file them with the school.

 

[ProSeDadinMD]

Have you received the signed order? Does it say anything about picking up the child from school in addition to who takes the child to school? Have you given the school a copy of the signed order? He should not be removing the child from school at all, especially if its not on his parenting time. You could try to file for a modification to the order, but its hard to change something so soon after getting a signed order. If your still in the exceptions period then you can also try to get something in now. Where dad is not allowed to removed the child from school unless you both agree.

As far as the stalking, you may have to take that up by trying to file an TRO, but that may be a challenge as well.

You can't file for a modification of the findings during the Exceptions period unless there is some error in the findings of the Master(or Judge, as the case may be). Exceptions must set forth any asserted error with particularity.

OP isn't saying that the Master/Judge was wrong, just that they want something amended.

See Maryland Rule 9-208.

BTW, a TRO is a Temporary Restraining Order.

 

[wornOUTinMD]

stalking ex ??? mediation issues ???

Thank you for clearing up some of my questions, everyone!

So, I can still file for a modification of the parenting agreement? The Judge/Master has ruled our case as "closed" because we were in agreement (in front of him) with our Parenting Agreement - so, this means we are past the "exceptions" period??? I'm a little confused.

And where can I read about these Maryland Rules, i.e. Maryland Rule 9-208? Is this a place where I can also find more information?

 

[ProSeDadinMD]

Thank you for clearing up some of my questions, everyone!

So, I can still file for a modification of the parenting agreement? The Judge/Master has ruled our case as "closed" because we were in agreement (in front of him) with our Parenting Agreement - so, this means we are past the "exceptions" period??? I'm a little confused.

And where can I read about these Maryland Rules, i.e. Maryland Rule 9-208? Is this a place where I can also find more information?

You have 10 business days the day of the hearing to file Exceptions, but again, if the Master/Judge didn't make an error(and based on what you've said, no error was made) you have no/nada/zippy/zero grounds to file them.

You can go the TRO route maybe, but I know very little about doing that.

You can find the rules here:
Legal Resources

Good luck.

 

[truebluemd]

his restriction from taking/picking up the child are spelled out in the order. You need to try to get a TRO.

 

[truebluemd]

You can't file for a modification of the findings during the Exceptions period unless there is some error in the findings of the Master(or Judge, as the case may be). Exceptions must set forth any asserted error with particularity.

OP isn't saying that the Master/Judge was wrong, just that they want something amended.

See Maryland Rule 9-208.

BTW, a TRO is a Temporary Restraining Order.

thank you mr. knowitall. I am familiar with the rule, which is why I asked her questions before that.

 

[CJane]

You're going to need to explain this 'popping out' that you're saying Dad is doing. Is he harassing you? The child? Anyone else? Is he simply THERE?

I'm also not getting what you mean that negative stuff happens when Dad takes kiddo to school... his eye was burned? Did that happen AT SCHOOL or AT DAD'S house? The duct tape thing... same question.

 

[LdiJ]

You're going to need to explain this 'popping out' that you're saying Dad is doing. Is he harassing you? The child? Anyone else? Is he simply THERE?

I'm also not getting what you mean that negative stuff happens when Dad takes kiddo to school... his eye was burned? Did that happen AT SCHOOL or AT DAD'S house? The duct tape thing... same question.

I agree that your questions need to be answered, but I can't help thinking that dad is more than a little bit weird for showing up at school every morning.

 

[CJane]

I agree that your questions need to be answered, but I can't help thinking that dad is more than a little bit weird for showing up at school every morning.

Sure it's weird. If it's really happening EVERY MORNING. But I also know that 'always' has a rather fluid definition.

 

[mommyof4]

He should not be removing the child from school at all, especially if its not on his parenting time.

Really? Did I miss the important information that there is a restraining order preventing Dad from having the right to take his child from the school during the day? From what I read, the order covers drop off in the morning and pick up after school. I don't see anything from the OP that states Dad can't pick Junior up and take him to lunch, dr. appt, what have you......

 

[ProSeDadinMD]

thank you mr. knowitall. I am familiar with the rule, which is why I asked her questions before that.

Um, apparently not, Ms. Knownothing…

…You could try to file for a modification to the order, but its hard to change something so soon after getting a signed order. If your still in the exceptions period then you can also try to get something in now. Where dad is not allowed to removed the child from school unless you both agree. …

That's not how it works. ...

And mommyof4 is right that Dad certainly can pick kiddo up from school currently.