What paperwork should my dh file?

[ladiva23]

My DH is thoroughly annoyed with BM. So am I but I'm used to dealing with her idiosyncrasies.  BM failed to pick up SD1 from her after school program twice in two Weeks.  SD1 is released at 4:30 twice a week.  C/O from only 4months ago states DH picks up both kids  from school during his parenting time because of BM choosing pickup and drop off times to tell DH what he's doing wrong as a parent.  High conflict parenting, but can be modified upon mutual written consent of both parties. 

DH and BM modified agreement in person and have several text messages back and fourth regarding the modified pickup arrangement.  DH picks up SD2 from school on Fridays at 2 and BM gets SD1 from AS program at 4:30.

last week BM calls DH at 4:28 and says she's not gonna be able to pick SD1 up can he do it.  It takes 45 minutes to an hour to get to the kids school as she moved out of the school district so my DH calls me and asks me to get her.  I leave work and take a cab.  I get there at 4:58.  Principal says it can't happen again.  Mind you the reason SD1 is inn this program is because BM signed her up because she is inn danger of failing 3Rd grade.  Homework isn't getting turned in on moms days, its incomplete or wrong.  Promotion in doubt papers have already been sent home.  BM reached out to me (the person she despises the most at times it seems) and asked for my assistance.  I started a communication log for school, weekly progress reports etc.  grades improved.  Mom deviated from this in January...now promotion in doubt still stands. 

Yesterday, DH gets a call from school saying BM hasn't picked up SD1.  Again. I take a cab and get there at 5:27.  after school director is there addressing me like I'm BM "she's out of the program, this is the last time."  DH asks me to call mom she's doesn't call me back until 739.  Glad to know she was worried about her kid since no one called us to let us know she wouldn't be able to pick SD1 up.  I walked by the grand mothers house since she lives 3 blocks way from us and BM is parked outside.

This doesn't beat out July 2010 when she failed to pick SD1 from school for 4 hours and them when she realized it was I who had her... Filled a dv report with police that I kidnapped her child to cover her own rear end.

BM has also removed fathers name from school documents when she is the primary custodial parent and they both share legal custody.  The split went from DH having the EOW an after BM made unfounded allegations through ACS and other agencies... DH was granted 43 vs 57 percent arrangement.

Does he file contempt, or emergency ex parte temporary custody or an order to show cause?  He wants full custody of kids but is worried about filing the wrong paperwork like he did last time.  If this is just contempt then he won't file for emergency custody.  We just want 8yo SD1 to progress to next grade.  Also can't forget to mention now DH has C/O in place kids have only missed one day of school compared to when dad only saw dds EOW and they missed 19 days  and 14 days from school with no illnesses and 9 And 13 tardies the previous years

[ocean]

Do you have documentation that child was left at school from the principal? Ask them to write something up for both days. Tough call, you can go for the emergency temp custody for during the week due to: in the past 10 days, mother did not pick child up from school on xx date, the school called father who lives xx miles away to pick up child, school said this can not happen again. Then on xx date, the school again called father stating mother did not pick up child and child was now kicked out of the after school program that was helping her as she in danger of failing xx grade. Father went and picked up child both days. Father requests temp custody on school days to make sure she is in a safe place after school starting this week and to help her pass xx grade".

BUT will she be allowed to stay in this school since you live so far away? If above is denied, he will probably be told to fill out regular change of custody paperwork and get into court in a few weeks.

[ladiva23]

Kids school is 1.6 miles away from us but because we don't have a car like BM we rely on public transportation.  Thanks for the t IP about the school.  I will write that now and email the principal.  TY  for sure I didn't think after a year in court for months after the decision we's be back in court.  You can paint a cheetah green, but it will always have its spots