Recreational activities

[jcsct5]

Soc-

My husbands original CO states that "neither parent may enroll the children in a recreational activity without the others consent."  They have joint legal and physical.

Over the years there have been changes to the days the children are exchanged, etc. but no changes to recreational activities.  However the updated orders do not specifically state that all previous orders are still in effect.

Mother informed my DH that she inteded to enroll minor child in softball. DH told her he did not consent to her playing this year, and would consider it next year.

This is due to the minor childs severe behaivor problems the past several years toward her coachs and teammates, child is afraid of playing and has told us she does not want to play, as well as Mothers husband is one of the coaches. Mothers husband has physically assulted my DH and the one of the minor children, and is banned from disiplining the children via court order. There are additional reasons as well but not really relavant here.

Mother said then she would enroll child and child would only play durring her custody time. Dh said no this is a violation of the court order. He informed the League of the court order and that he did not consent to monir child being enrolled in their league.

Mother informed us today that she has in fact enrolled the child in softball with this league and still intends for child to only play during her time.

DH contacted league again and asked that they remove child from their program. They responded that they would need both parents consent to remove her. However they had no obligation to get both parents consent to enroll her.

1) What would be the best and fastest course of action to enforce the court order?

2) Can the league be held responsible in any way since they were notified that it would be a violation of a court order prior to mother enrolling child?

Any other suggestions?

[socrateaser]

>1) What would be the best and fastest course of action to
>enforce the court order?

Motion for contempt order.

>2) Can the league be held responsible in any way since they
>were notified that it would be a violation of a court order
>prior to mother enrolling child?

Yes, you can sue them under an agency theory, if they have actual notice that the court order does not permit recreational activities without both parents' consent, and they refuse to remove the child from the program. They are acting as agent to advance the objectives of one parent who does not have the power to authorize te objective.

>Any other suggestions?

Well, frankly, if you go to court, you may win your motion for a contempt order, and simultaneously find that the court orders a change in the existing orders so that a parent may involve the child in activities without the other parent's consent. So, you could end up with some money sanctions, or attorney fees and costs, but you will lose the war.

I don't have enough background facts, but this is seems to be a control issue, and the child's interests would ordinarily suggest that group activities should be encouraged.

Must be spring. Everyone seems to have issues that are more psychological than legal.

I'm way out of my "league" here. Softball league, that is!