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Private school??/Cout update

Started by THAFUSE, Jan 22, 2004, 03:34:21 PM

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THAFUSE

Well BM wants to put our son in a year round private school now.  This type of school will go totally against the custody agreement that's in place. We recently went to court in Dec and the judge awarded me Thurs- Monday (ever other wkend), all school holidays, one half of x-mas, and all summer. She was pissed

She was the one who proposed the Thurs- Monday and I agreeed and then she would not sign  the order and asked for a trial, citing it was not in her best interest. So we had a mini trial.She was fussing that she wanted me to pay child support and the guidelines stated that I didn't because I have just as much time with my son as her and with the combined income it was even. She then said that she wanted me to pay for  morning care $40 a week and I said fine and she still wasn't happy. The master got feed up with her and told her that her position was unfair, unreasonable and not in good faith. After he had put that on record, he then told her off record that she was the worst parent he has ever had to deal with  all his years working on the bench.
 
She told the master that she was putting him in this private school and the master told her that we had joint legal custody and she couldn't make decisions about his education without me and if she did decide to put him in this school without my approval, she would have to foot the bill.Now I have to bring him to school which is only 20 minutes away from my job, but  the private school is about 45min to 1 hour depending on traffic. I just have a few question

1. Can she just take him out of a public school without my permission.

2. I agreed in court to bring him to the public school, can I be forced to drive an extra 20-25 minutes because of something she is doing.

3.Do you have any Idea on how to go about this issue.

4. Can the court make me pay for private school that I didn't approve of

5. The order states that the child will reside with her during the school year. Can she take me back to court citing the child is in school year round? Would the courts reverse the order and give her full custody because she put him in a year round school, since they didn't tell her that she couldn't and without my approval she would have to foot the bill.




nosonew

I thought year round school had one month breaks in between 3 months of school (not available in our area, just something I read).  So, I would MODIFY the agreement that due to her putting him in year around school, you get 70% of time out of school .  I would request 3 out of 4 weeks.  And if she disagrees, request he be put BACK into regular school, but of course this takes another trip to court (if you go, make sure you get in front of the judge you just had!) I also suggest youpost this on Soc board for legal advice.

To try to answer question #1:  From what you wrote about court, the judge told her IF she put him in private school, she is responsible for the costs.  However, I believe there is an issue with the change of school schedule which interferes with your time.  

#2: If you don't drive, do you really think she will get him to you?  Yeah, maybe, but how many hours later?  The judge will likely see this as a MINOR arguement.

#3:  I believe the court already told her she was responsible, so you should be okay.

#4: Get the school schedule, it should show he is out of school 3 months total, in-between "semesters".  He won't go to school 12 months out of the year.

Talk to your attorney and Soc about this.  What a witch.  SHe is just mad that she didn't get her way.  Sorry for you and the child...nosonew