Are their laws wihtholding school pictures to NCP?

[onedaddy]

The skids school sent us order forms a few months back for their school pictures we ordered a package each costing $60 total.  The check was sent directly to the studio and it was cashed on 12/1. When I called the studio yesterday to find out where the pictures are they told me it was sent to the school and sent home with the kids in late November.  We called the school and they confirmed that BM received a second set of pictures and there is nothing they can do about this.  They stated for the childrens protection they must send the pictures to their residential home and at best they will send a release form home wuth the skids requesting she release the photos to me directly.

The school and studio stated there are rules in place prohibiting them from releasing pictures to skids NC home.  DH has joint legal and they stated they only care about where the children live. Mind you we get copies of report cards, etc from the same school.

What type of recourse do I have?  We ordered pictures the previous year and had no problems.

FYI we are in the middle of a custody trial, our 3 day of trial is Friday!

[jilly]

That sounds like BS to me.  I don't know what State you are in but I am in NC.  I'm not sure what recourse you have, but I would be going to the school and showing them the canceled check as well as providing them with a copy of your CO.  Tell them that you are requesting they obtain the pictures from the CP and then mail them to you or you will come pick them up.  If they don't want to comply with this then tell them they and the studio that took the pictures will be hearing from your attorney (if you have one). The studio took your money for a product you did not receive.  I would also mention the fact that last year they had no problem sending the pictures directly to you and what has changed in a years time.  Have you or your DH checked the school records? Is your DH listed as the father in the file? If not, that needs to be corrected as well.  I would also have a note put in the file that DH pays for school pictures separately and that they are to be sent to his address.

For the past two years DH has received a separate order form for school pictures for SD.  The first year we weren't able to get the money in on time and PBFH (miraculously!) paid for the pictures and DH gave her a check to reimburse her.  The pictures were sent to her home and DH got them when he picked up SD.  This year we got the order form in time to send the money with the order form.  I then sent an e-mail to SDs teacher requesting she let me know when the pictures came in and I'd come by and pick them up.  As time went by I didn't hear anything from the teacher.  I had some time off and went by SDs school. While there I asked about the pictures. They were at the front office with a note to give to DH.  Sorry ass teacher never even bothered to let us know they had arrived.  This is just one of many gripes about this teacher.

I daresay that the custody trial has a bearing on what's going on. This kind of crap just burns me up.

Good luck!

[onedaddy]

BM moved the kids 6 times in 2 years without any consult with DH.  When we first heard of this new school I immediately contacted the principals office with a copy of the divorce agreement.  We regularly get information sent to us by their teachers, probably not everthing but quite a bit.  The school is informed of the situation.  They told DH yesterday that there will be more pictures taken in March and he could get those if he wants.  Are they kidding me?  And what about the $$$?
 
It is hard for us to get to the school as it's 90+ miles away and I'm 9 1/2 months pregnant and DH works.

This is all BS to me too.  Our lawyer is sending out a letter to BM's attorney stating she must bring the pictures with her to court on Friday or a check for the $60.  Well see!

I actually sent my check directly to the studio not even to the school so it is the studio that I am taking this up with.  They are gettting a copy of my cancelled check and they better reorder these picturse for us.
 
We are in NY not that it matters as I've seen on this site. What a disgusting world we live in that a NC"PARENT" is not even entitled
to his own childrens school pictures.

[jilly]

Ouch! I hope you and your DH are able to nail the studio to the wall for this and I hope that you'll get the pictures on Friday.  Might cause an interesting conversation in Court if she doesn't! :D)  Your DH should bring the canceld check with him to Court on Friday. The Judge may or may not do anything about it and say that it's between your DH and the studio and/or the school.  Hope springs eternal that a Judge will smack somebody for being a b*tch! LOL  I agree with you about the pictures in March.  If you'd wanted to pay for pictures taken in March you would have waited until then.

As for being 9 1/2 months pregnant, I believe I'd be grabbing my ob by the throat and screaming at him to GET THIS THING OUT OF ME NOW!!!!!!  LOL   Anyway....good luck with Court, getting the pictures you've already paid for and delivery of your baby.  Whew! You've got a lot of things going on!

One more thought about the pictures...if you don't get them and the studio won't do a re-order I'd report them to the Better Business Bureau.  I don't think the BBB actually does anything to them but it makes people who want to use their services thing twice. :)

[onedaddy]

Thanks for the advise, Jilly!
I'll keep you updated on this and the court case.  I have a feeling the judge isn't going to like this very much.  We've had an interesting 2 days in court already proving some ridiculous lies BM, her 3 neighbors, her mother, father and sister have made.  Lets put it this way they all left the courtroom either pissed off or in tears.  BM was in a complete daze.  It's a long time coming.  The judge also forced BM to split x-mas vacation, HAH!

Friday should be a barrel of laughs, with a full day of cross-examination on BM.  Now the sh*ts gonna hit the fan.  They have no idea all the audio, video, transcripts, documentation we have to nail this b**ch.
This whole picture thing might just reinforce to the judge that BM will do whatever she wants and screw DH ever chance she can get even during a trial.

I'm hoping the baby waits until Saturday so I can see her face.
 

[ocean]

You made me LOL that you want to see her face before you deliver!!! LOL
Now to the real issue.....I teach in NY...I (as the teacher) gave the 3 fathers packages to the office and the office MAILED t hem to each father. We have CO's on each in the main office that just say divorced. If it is not specified that you can not legally get info then we (as the school) MUST do the same for BOTH parents. The school made the mistake and they should be contacting the BM for them (but will she have them still all together??) . Can you call the district office if the principal will not budge? Usually once parents go to DO, things get handled quickly...LOL Ugggg...just makes is better for you on Friday....Good luck!

[wendl]

Well if you all are in the middle of going to court have your attorny IN COURT request the pictures be returned to you.

What my dh does every year is sends pre addresses envelopes to the teachers for the school pictures and other other information. He always calls the teacher prior to picture day so they fax the forms to him then he mails the check with the order with HIS ADDRESS on it to the teacher and writes FOR SONS DAD MR XX.


**These are my opinions, they are not legal advice**

[onedaddy]

At the beginning of the school year, I sent the school a letter along with a copy of the divorce stating joint legal and specifically his rights to all educational and medical information.  They have sent us everything including the order forms for these pictures. DH has spoken with the teachers on a regular basis.  The order form was then sent directly to the studio after speaking to them on 3 occasions and explaining the situation.  Both the school and the studio screwed up. The PTA said they will send a letter home to BM, I don't know what that will do. It will be brought up to the judge, that's for sure along with a slew of other things that the judge is not going to be thrilled about (I hope).  I'm sure the pictures are not intact but however they come to us will be brought up to the judge as well as this trial has another 3 dates, at least

[jilly]

:)

[onedaddy]

Thursday night I went into labor.  Although the pains were severe I thought I had some time and didn't want to spend it in the hospital.  I labored all night at home.  Finally, I couldn't take it anyomore, went to the hospital around 6am and there was his head.  No time for even the epidural but boom 20 minutes of pushing and I had a beautiful baby boy.  Needless to say the court date was adjorned for January 23 and then one more time on January 31st.  I think the just is getting antsey and wants to end this already.
BM had to show up for court anyway. Funny it was decided in court BM would have the kids call DH every evening at 7PM on his cell phone and for the last 2 months they pretty much have until she found out we had the baby and then they only called at home knowing we were in the hospital.  So we werent able to even tell them they had a brother for 3 days.  It will never stop.