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  • Motion is coming up

    There is only legit thing my ex can use. Child was late/missed a lot of school. The last 2 months attendance was good and lateness improved but it is written all down as why. Ex. Dr note.

    For first past if the year scares me. Best interest of the child includes education and thats where i was handicapped. scared to death.

  • #2
    Your child had legitimate medical reasons for missing school, as well as some additional challenges that were also legitimate (behavioural issues, if I recall)

    The child would have missed the same amount of school regardless of what school they were enrolled in.

    Comment


    • #3
      Hmm...I would say if you have a legitimate reason, dr. etc then nothing would happen.

      I have read orders about this where the child missed school and judge came down hard and had it explicitly written in the custody order that child attends school and can only miss for medical reasons etc...which you have evidence for.

      Outside of you saying child is sick, do you have actual doctor notes etc or evidence of appointments. Cause really, you're not a doctor.

      As well in my case, judge wrote explicitly she drops him off at school in the morning.
      Last edited by FirstTimer; 04-15-2015, 12:20 PM.

      Comment


      • #4
        I would ask to have the doctor testify if I were you.

        Comment


        • #5
          is this Special Chambers or Morning Chambers?

          And what exactly is she taking you to court for? Ability to change schools cause you're not doing it due to poor attendance?

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          • #6
            Thanks for reassurance blink.

            First timer. My child missed 51 days and of course some were hospital, others feeling sicd and period of time feeling dizzy. Then one period refused to go to school and it is not easy to wrap up kid with cancer and force him to go. Also thrombosis and brain damage.

            I never let kid not go on purpose.

            Ex wants to use this vs me. I dont have any dr notes. The school told me :When xxxxxxxx is sick just phone us, no need for a note, because of his condition.

            When my sonrefused to go, I complained to principal. The principal talked to my kid and lates and absences refused by 80%

            Comment


            • #7
              I have to write in parts cuz if it shows Im signed out then I cant find it. I dont want to do anything yes and am "buying" every day so I can show that second half of the year was good. If something bad happens God forbid, so be it.

              Marks are good despite missed days. They go like (not exactly ) 1. Bad. 2. Need improvement 3. Good 4. Very good. 5 excellent. My kid has all 3,4 and 5. Most 4.

              Thats a good thing. the bad one is, the school is not willing to do anything as they did 2 years ago ( filled my questionaire) because new principal new teacher.

              I found a lawyer. I will write about that next as soon as my migrane gets better.

              Comment


              • #8
                So to finish off my situation story. I cut down my working hours for health problems. But still above legal aid eligibility. I decided to call LA just in case and they increased their limit for around 2K. They said Im eligable. Within 2 days they found me a lawyer even though I said it is not urgent.

                The problem is this lawyer only has a few months experience. She is very young and I think half of the members here could take her on. Some are superior to her. So I told her not to make a draft yet until I give more time for childs attendance improvement. She says "O yea thats a good idea". Then I told her not to do a single thing without ASKING me first. She said ok.

                If I ask for a better lawyer they will probably refuse me. If they refuse she will be offended and may not do a good job on purpose.

                My ex sent me a threatening email where it says what are a few best interests of the child. Education/school attendance she put in red colour because it is my weak part.

                Pretty depressed

                Comment


                • #9
                  Your child missing school because of illness, especially cancer, is not a weakness.

                  Comment


                  • #10
                    No its not blink. But a good lawyer can do a good job. My kid this week missed M.T.W....but went to ER Sunday night and because of the high fever is not allowed to go. Because in his case if fever reaches 35.5 he has to be rushed to ER. I also took lab results copy this time.

                    But previous days missed were not always MTW or for fever or in hospital. Some of those 50 missed days were M.W.F....Lates are a different story.

                    The only good news is I made my lawyer return the ticket and the LAAsaid I can look for 1 on my own who would accept LA client and if no luck they will always have one of theirs do it.

                    Comment


                    • #11
                      Let's start at the very beginning

                      Originally posted by The Iceberg View Post
                      There is only legit thing my ex can use. Child was late/missed a lot of school.
                      Can use for what?

                      Perhaps you've heard of Mary Poppins.

                      Let's start at the very beginning
                      a very good place to start
                      when you read you begin with abc
                      when you sing you begin with do re mi
                      So .... whose Motion. Who brought it? What Orders are sought in it?

                      Comment


                      • #12
                        KW

                        1. Child in question went grade 1 and 2 in 1 school. Plus KG and preschool (4 years)
                        2. Mother lives upto 45 minutes away and has the child about 20% of the time even though agreement is all 50/50.
                        3. She wants the child in her school now. She is under impression I will comply. But one of us will file a motion for school.
                        4. Child is on cancer treatment and missed about 60 days and was late a lot.
                        5. I never kept track of it because school said no need, phone call is enough when he is sick.
                        6. The mom said 80% of lates/absences were because of my negligence and if I dont agree to change school because Im incompetent to educate the kid, she will file.
                        7. Im waiting and hoping to improve absences before I file if I have to first. But I still cant control when the little one is really sick.
                        8. There is nofhing else she can use except the lates/absences because the kid is being taken great care of.
                        9. My fear. Fhe judge will say: too many days missed. The child goes to the mothers care or something similar
                        10. Childs grades are very good.

                        Comment


                        • #13
                          Originally posted by The Iceberg View Post
                          KW

                          1. Child in question went grade 1 and 2 in 1 school. Plus KG and preschool (4 years)
                          2. Mother lives upto 45 minutes away and has the child about 20% of the time even though agreement is all 50/50.
                          3. She wants the child in her school now. She is under impression I will comply. But one of us will file a motion for school.
                          4. Child is on cancer treatment and missed about 60 days and was late a lot.
                          5. I never kept track of it because school said no need, phone call is enough when he is sick.
                          6. The mom said 80% of lates/absences were because of my negligence and if I dont agree to change school because Im incompetent to educate the kid, she will file.
                          7. Im waiting and hoping to improve absences before I file if I have to first. But I still cant control when the little one is really sick.
                          8. There is nofhing else she can use except the lates/absences because the kid is being taken great care of.
                          9. My fear. Fhe judge will say: too many days missed. The child goes to the mothers care or something similar
                          10. Childs grades are very good.
                          Okay, at least I get the gist of it now. It doesn't really sound like you need to bring a Motion at this time. The child lives with you, attends the school you want him to. So the only way she can change that is by your Consent or by bringing a Motion.

                          I suspect she'd be facing an uphill battle though.

                          Comment


                          • #14
                            Originally posted by The Iceberg View Post
                            The problem is this lawyer only has a few months experience. She is very young and I think half of the members here could take her on. Some are superior to her. So I told her not to make a draft yet until I give more time for childs attendance improvement. She says "O yea thats a good idea". Then I told her not to do a single thing without ASKING me first. She said ok.

                            If I ask for a better lawyer they will probably refuse me. If they refuse she will be offended and may not do a good job on purpose.


                            Pretty depressed
                            I have had very bad experience with legal aid lawyers. One lawyer whom I went to on duty counsel "duty", told me straight up that they don't get paid enough so they don't have time to waste on legal aid clients.
                            My personal opinion is that if you can speak English, don't have anxiety in front of a judge and have access to a forum like this, you can represent your case better than any legal aid lawyer.

                            Once you are stuck with a legal aid lawyer you cannot just fire that lawyer and ask for a new one. Legal aid wont just agree for a different lawyer unless you have a strong reason to fire this one. You are stuck with this lawyer. I know that it seems to be helpful that there is a lawyer who "knows" the law but not necessarily is that true. Sometimes you could know more than the new and young lawyers. Young lawyers I have experienced do not try to be fierce in court because they are scared.

                            If you can do this your self which is EXTREMELY exhausting and time consuming, take the risk and do it! There is tons of information online that can help and this forum is great.

                            I went through a trial about ten years ago all by myself and I did not know about this forum and I went the whole 9 yards. It was a longggggg journey but if you are on this forum there is pretty much answers to all the questions that you can benefit from.

                            Good luck !!

                            Comment


                            • #15
                              Hi Law Help

                              You are absolutly right. This lawyer probably gets scared in court. So I called legal aid and they refused to change, they said I can get a new one only if the lawyer fires me. So I send an email to my lawyer that I knew she will not like. She replied and said "I believe the lawyer-client relationship had a break down etc". Excellent. Then I called legal aid again and told them I will look for a lawyer, if I dont find any, I will have them appoint one to me again.

                              Today I found a lawyer who has 27 years of experience. The secretary said no one is allowed to talk to her. Just have the legal aid send the ticket and she will decide. After 5 minutes of arguing I managed to get the lawyer on the phone. She sounds really like a great lawyer. Now my file is sent to her and she will decide if she wants to accept me. I hope she does.

                              If she doesnt, I will take legal aid lawyer mostly for paper work and some advice and will go on my own because I know my situation the best and I can express it the best. I do have fear and anxiety but an ativan will do.

                              Oh BTW I do have english language barrier when talking verbally and once I listened to a judge talking his decisions to the lawyers and I understood....NOTHING. But, someone said now they have transleters which I only would need fow when the judge talks, if not, I would tell him I have trouble understanding and I believe he would talk slower. He is human too.
                              Last edited by The Iceberg; 04-24-2015, 02:39 AM. Reason: add

                              Comment

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