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Author Topic: access to documents  (Read 6480 times)

gollymolly

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access to documents
« on: Jun 27, 2008, 02:18:35 PM »
i'm not sure if FERPA covers the elks association. I do not know if they are federally funded.

i know they are a state organization that offer children's therapy services and have a drug awareness program.

maybe there is another law that will help me get the information i need.

i am trying to get a copy of my children's camp registration forms and other documents, including but not limited to emergency contact info, etc..

i have sent the director a copy of my divorce decree (that states we have joint physical and joint legal)

the document specifically states:
"Each party shall be entitled to complete and detailed information from all teachers, schools, day care facilities, summer camps or other  institutions that the children may attend  or become associated  with in any way."

however, the director has responded by stating 'a subpoena would be required to release that information' to me.

i don't understand. are they just concerned i will take them to court?

the other parent sent them to camp without my consent. the form actually requires both parent's signatures.


ocean

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RE: access to documents
« Reply #1 on: Jun 27, 2008, 02:36:18 PM »
I would respond that you already have a court order...dated....and resend the court order. Tell them if you do not receive information by this date, you will take it to court.

They probably only need on signature for camp though....if they have sole legal or joint they can sign them up without the other parent....

gollymolly

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RE: access to documents
« Reply #2 on: Jun 27, 2008, 02:52:19 PM »
i understand that usually that is the case... that one parent can sign the child up for extracurricular activities, camp and that alike.

however, the elks camp form specifically states that:
"If the child has two parents or legal guardians, both must fill in the information requested above and sign the Authorization & Waiver."

so at this point i do not know if the step-mom signed the form or what.

the director also stated that i was not listed even on the emergency contact info. so i only wanted it for documentation purposes, since this is common practice with the other parent.

i hope i don't have to take them to court. and i have been trying not to make threats of the like.

i just hoped my request was supported by a state or federal law.

MixedBag

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RE: access to documents
« Reply #3 on: Jun 28, 2008, 06:50:45 AM »
my guess is that FERPA does not cover this situation.

I suggest you work your way UP the chain of command.....

Did you go in person to see them with the order?

If they stick to their guns, then I'd figure out how to request the information from one level up and so on.....

Otherwise, make mental note, and when you do go back to family court against the other parent, THEN request the records.

Don't file against them.....waste of time...IMHO.

Pick and choose your battles....

Oh yea, did you have to pay anything to mom or the camp for the child to go to camp???  That too might give you some leverage.

gollymolly

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RE: access to documents
« Reply #4 on: Jun 29, 2008, 08:18:27 AM »
i emailed the director of the camp the order. the camp is about 150 miles from my home, so i had hoped to handle it via phone or email.

i thought about going there, but hated to make a trip there to still get the same response.

we are amidst a modification now, that is why i wanted the documents.

i haven't heard yet whether or not there was a cost involved for one of our children. this is the first year both have gone. previously when one went it was covered by an alumni elk family member.

i did respond to the email from the director, pointing out the specific paragraph in our order pertaining to summer camp information. he received the email, but i'm sure will not email me back.


MixedBag

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RE: access to documents
« Reply #5 on: Jun 30, 2008, 05:21:50 AM »
admist a modification now, huh?

Are you pro se???  or have an attorney???

I think I would simply ask/suggest (stick to your guns) about adding a line in the next order that says "Each parent will be listed on any forms requiring parental information."

If she doesn't agree -- then take it to court and supboena the information as supportive documentation of her intentions.

Actually, if it doesn't cost much, ask your attorney, or get that supboena out now so that you have it for court.

150 miles away, huh?

Let me take this one step further, o.k.?

I'm much further away than you or was when I was the NCP.

My EX#2 would also list Camilla (girlfriend) on the form instead of me.

His excuse was that it asked for spouse and not mother.....

So actually, I pointed that out to the school board personnel and they said "You know, you got a great point and we need to fix that."

His other excuse or logic was that I'm too far away to respond IF there was an emergency.  Not a bad point either, but I still wanna be notified if something happens when there's an emergency right away -- and I believe this logic kinda applies here too.

HOWEVER, if that's the case, the relationship to the child should be corrected -- like add STEP in front of father/mother.  

I always gave all the information and made my own space and room so that the school/camp would know what's what.

IMHO of course...

And yes, another tree died today.


gollymolly

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RE: access to documents
« Reply #6 on: Jul 01, 2008, 06:58:14 AM »
well, other parent and i both live 150 mi away from the camp.

i tried to move up the chain of command, to no avail.
i just spoke with the director again.

i refused to sign the papers initially because pages were missing. important pages. he was insistent on sending them during our vacation time, whether i liked it or not.

i refused to sign a document until i saw it in its entirety and agreed to the weeks chosen.

turns out, according to the director, even those documents were not sent in to the camp.
i was not listed anywhere on the documents.

they are sticking to their guns, so i will follow with a subpoena.
it is just frustrating that even though i provided the proper documentation, i cannot get information on my own children.

how can i be sure in the future the documents will be properly submitted. he is sneaky.

ocean

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RE: access to documents
« Reply #7 on: Jul 01, 2008, 07:12:22 AM »
Maybe a call from a lawyer will do it stating you already have the documentation needed to get the info? Then the last step is to have the lawyer state a subpoena is on the way....

Davy

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RE: access to documents
« Reply #8 on: Jul 01, 2008, 09:50:51 PM »

It appears responsible partys are not complying with the court order.

Have you considered a simple comtempt action with a motion to produce listing the other parent and the orgainzation ??  May have more teeth and brings awareness to the court especially if you're in the midst of a modification.  

MixedBag

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not a bad idea...
« Reply #9 on: Jul 02, 2008, 08:49:28 AM »
even if you have something pending right now, you can file another motion and have it all heard at the same time.

Well, at least that's what happened in my case during one of the rounds.


 

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