private school??/court update

[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 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 schoo 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 with out my approval she would have to foot the bill.

[socrateaser]

>1. Can she just take him out of a public school without my
>permission.
>
Well, she probably can, but you can provide the private school with a copy of your court judgment, and tell them that they are on notice that the other parent doesn't have authority to place the child in a private school, and that if the school accomodates the other parent without your permission, that you will ask the court to hold the school in contempt along with the other parent, because the school is acting as the other parent's agent to frustrate your rights under the court order.

After receiving your letter, the school will almost certainly bar the child -- they won't want to be involved.

>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.

No. See #1. Mother is in contempt but you have to assert your rights.

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

See #1.
>
>4. Can the court make me pay for private school that I didn't
>approve of

No, See #1.

>
>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
>with out my approval she would have to foot the bill.

You're worrying too much. Tell your ex that if she persists, you will file for contempt. Remove your emotion from the situation -- it's just business. You have a court order and both parents must abide by it. PERIOD.

[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 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 schoo 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 with out my approval she would have to foot the bill.

[socrateaser]

>1. Can she just take him out of a public school without my
>permission.
>
Well, she probably can, but you can provide the private school with a copy of your court judgment, and tell them that they are on notice that the other parent doesn't have authority to place the child in a private school, and that if the school accomodates the other parent without your permission, that you will ask the court to hold the school in contempt along with the other parent, because the school is acting as the other parent's agent to frustrate your rights under the court order.

After receiving your letter, the school will almost certainly bar the child -- they won't want to be involved.

>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.

No. See #1. Mother is in contempt but you have to assert your rights.

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

See #1.
>
>4. Can the court make me pay for private school that I didn't
>approve of

No, See #1.

>
>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
>with out my approval she would have to foot the bill.

You're worrying too much. Tell your ex that if she persists, you will file for contempt. Remove your emotion from the situation -- it's just business. You have a court order and both parents must abide by it. PERIOD.