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Validity of Order

Started by Forgotten Father, Feb 06, 2004, 08:13:04 AM

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Forgotten Father

I filed for and received shared parental responsibility in June 2003 of my 13 y/o son.

The order I received from the court gave specific instruction as to how my sons school records are to be opened and shared between his mother and myself.

The order states that it is the mother's responsibility to ensure that I am clearly stated as the child's natural parent and have the right to inspect and receive notice of any information regarding my son.

It also states that his mother is to mail to me copies of any correspondences from the school...report cards, disciplinary or commendatory reports, test scores, etc. I have never received any of this from her. I was not even informed until after the fact that my son was asked to leave his school and be transferred to another due to the schools lack of ability to deal with him (he has been diagnosed bi-polar).

My son is now in a detention facility for 50 days and I only get any information in passing. I have just managed to track down my son's probation officer and have left messages to find out where my son is and why he is there. The information I get from his mother does not add up. The average stay for a child in a detention facility is 13 days and like I said my son is in for 50.

This leads me to believe that there is quite a bit that I do not know about.

I live 400+ miles away from my son...because his mother moved to keep me ineffective in my son's life.

Would my ex's resistance to including me in these issues with my son be considered a violation of the court order and would I have any recourse in court?

The judge was not please at the time of the hearing of my ex's handling of my son's education and behavior. My son failed the sixth grade last year because of excess absences due to him being suspended often. He is now once again failing.

Please give me some kind idea what I am looking at here. I really do feel that there is not much that I can do. I don't want to give up but I do not want to fight a losing battle either.

Thank you for your help.

Forgotten Father

socrateaser

>Would my ex's resistance to including me in these issues with
>my son be considered a violation of the court order and would
>I have any recourse in court?

File for contempt. You should have done so the instant that the mom moved. That will weigh against you, but the mom still must adhere to the order.

You can argue that the child's failure to socialize in his current circumstances is a substantial change in circumstances affecting the child's best interests, and that you are therefore entitled to a new custody hearing.

Just be careful what you wish for -- sounds like the kid could be mucho trouble for you now.