Looking for advice

[iceberg]

Since it is obvious that my x and I will not agree on child's kindergarten location this year, I have a question about it. Can either of us file a motion? Will the judge get involved since it is NOT a mandatory to go to KG?

I looked all over the internet but all I found is battles about mandatory school (grade 1 and up), CS etc.

Anyone?

[billm]

Originally Posted by iceberg

Since it is obvious that my x and I will not agree on child's kindergarten location this year, I have a question about it. Can either of us file a motion? Will the judge get involved since it is NOT a mandatory to go to KG?

I looked all over the internet but all I found is battles about mandatory school (grade 1 and up), CS etc.

Anyone?

KG is not mandatory??

[Berner_Faith]

No KG is not mandatory... What is the reason you can't agree? Is this something worth bringing to court over?

[Looking4Answers]

If you required a Court Order to make a decision regarding the location of the school for kindergarten you will only be making lawyers richer and causing yourself more grief and financial hardship.

Obviously you are both in agreement that it is in the best interest of the child to attend Kindergarten.

You need to ask yourself a few questions;

Who does the child reside with during the days the child is in Kindergarten?

Logically, whomever the child is residing with during school should have more of a say as to the best location for the child because this parent is responsible for the child during this timeframe.

It seems like a no brainer and makes logical sense to me and this would be the arguement you would use if you had to proceed to get a Court Order.

[dinkyface]

Forget about the KG - but it sounds like you might need to start negotiating WHERE she will attend G1 (if that is next year). Start now, and be careful to lay down the evidence of communications (emails), so that you have the option of court action if there is a problem.

[iceberg]

Originally Posted by dinkyface

Forget about the KG - but it sounds like you might need to start negotiating WHERE she will attend G1 (if that is next year). Start now, and be careful to lay down the evidence of communications (emails), so that you have the option of court action if there is a problem.

I know what you mean and G1 will have to be either agreed on or ordered by court but I am trying to find out if court is willing to get involved in non-mandatory school. If she says her way or child stays home what then?

File a motion? Will the judge make an order or say it is between us for KG?

[iceberg]

Originally Posted by Berner_Faith

No KG is not mandatory... What is the reason you can't agree? Is this something worth bringing to court over?

Reason = her goal is full custody. Is it worth bringing it to court? First I need to find out if this can even be brought to court

[Teenwolf]

I can't say for sure if the court will consider a dispute regarding non-mandatory school. However, I believe the court would view KG as a good idea for the best interest of the child. You will experience the same dispute for G1, so it makes sense to get this straightened away now and have the child go to KG. Once the child is in KG, the location of the child's G1 will be the same school. There's no point in kicking the can down the road and, as a consequence, the child misses KG. This would be my argument.

Furthermore, you need to look at the reasons for the dispute. Why do you want the child to go to location X? Why does your ex want the child to go to location Y? Are the opposing reasons self serving? Weigh the locations based on the child's best interest and nothing more; this is what the court will do.

[iceberg]

Originally Posted by Teenwolf

I can't say for sure if the court will consider a dispute regarding non-mandatory school. However, I believe the court would view KG as a good idea for the best interest of the child. You will experience the same dispute for G1, so it makes sense to get this straightened away now and have the child go to KG. Once the child is in KG, the location of the child's G1 will be the same school. There's no point in kicking the can down the road and, as a consequence, the child misses KG. This would be my argument.

Furthermore, you need to look at the reasons for the dispute. Why do you want the child to go to location X? Why does your ex want the child to go to location Y? Are the opposing reasons self serving? Weigh the locations based on the child's best interest and nothing more; this is what the court will do.

And you are correct. I just talked to a lawyer and he said yes, the judge can make a decision and like you said it all depends on child's best interest.

However, he is not 100% sure if my ex decided not to enroll the child to KG at all if the judge would force it. It is all about who can prove what is the BIC.

[dinkyface]

So, your court date will be in 2 months, then another date 2 months after that for any real judge 'action', then there's less than 2 months of KG left!