Saturday Detention

[Samson2005]

Hi. While waiting for my child to be released from detention last week, I thought it would be a good time to see the principle. While in his office, he told be that one more problem will result in a Saturday Detention. I asked him if a saturday detention were to fall on my weekend, if he really expected me to drive 100 miles and wait in the parking lot for 4 hours while my child serves time. He said that I can go do whatever I want during that time. I asked him if there was an alternative to a saturday detention. He said that if the assigned detention is not served, a 1 day suspension will follow. He said that the only excuse to miss the detention is a death in the family of a doctors excuse for illness. That "trips out of town" is not an excuse.

I said that I do not feel that Court Ordered Visitation falls into any of those catagories.

The Statute "Unlawful visitation interference" states:

"Every person who, in violation of the visitation provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation shall be guilty of unlawful visitation interference."

and,

(g) It is an affirmative defense that:
      (1) a person or lawful custodian committed the act  to protect the child from imminent physical harm, provided that the defendant's belief that there was physical harm imminent was reasonable and that the defendant's conduct in withholding visitation rights was a reasonable response to the harm believed imminent;
 
        (2) the act was committed with the mutual consent of all parties having a right to custody and visitation of the child; or
 
        (3) the act was otherwise authorized by law.

I said that if I was able to see my child more than 4 days/month and lived closer that I might not mind a saturday detention.

I told him that I hope his efforts to control the children are being met with success.

My question, Is saturday detention legal when I do not agree to it?

[4honor]

in an apeal. The long and the short of it was that the OTHER statutes surrounding the interference language indicates that the "a person" had more to do with a person having legal physical possession of the child (i.e., CP) than it being any arbitrary "person".

Besides, (3) seems to have left the door open, as school detention is an act otherwise authorized by law.

So, technically, your problem is not with the school, but with BM.. as your time is being reduced by behaviors you have no day to day control over, so you should be entitled to make up time.

Please note, I am not an attorney or lawyer. Should you need legal advice, please contact a professional. The information I offere here is my own opinion and should be regarded only as such.