Hello,
First time poster, looks like a ton of great support and advice so thank you all in advance!
I have a final order signed Aug 2016 that gives my ex and I joint custody, 50/50 access on a set schedule and that he goes to the school in my area (just started JK), let's call it Smith School for anonymity's sake. My wife teaches at another elementary school (let's call it Jones School) and wanted him to go there, and while she didn't live in that school district she claimed that she could make it work for him. This was the main point of contention in our settlement discussions. She eventually relented and sent an offer that included him going to Smith School.
Some relevant details:
-The order was done via a settlement that she proposed, so she is the one who effectively offered that he go to that school.
-I (voluntarily) pick him up from her on her mornings and bring him to his bus stop at my aunt's house. I also (voluntarily) bring him to her place on her evenings after I get him off the bus so that it's convenient for everyone.
-He gets on and off the bus with his two cousins who are his age, one of which is in his class. He is always in the care of family before and after school if I need to leave early or get back late.
-Reports from his teacher indicate that he is social and enthusiastic about learning. There have been no behaviour problems reported and he seems to love the school.
-I am also a teacher (high school) and my workplace is 15 min from Smith School, my house is 3 min.
-All of my son's family on my side lives in the area (grandparents, aunts, uncles, cousins, etc) and I live in the matrimonial home where he grew up.
-My ex is frequently late for non-school pick-ups and frequently puts our son in the gym daycare on her nights with him as she is a part-time fitness model. My son has expressed his desire to not go there anymore, but she persists.
-Pick-ups and drop-offs are almost always very civil and there are no issues.
My ex has now moved into the Jones School district, where she works. She says that it would be better for our son to go to that school now since she will be in the area, but he seems settled and happy at the school he is currently in, and nothing about her moving really changes the current access or transportation regime (she moved 3km closer to me).
So...after all that my question is that since one has to prove material change of circumstances to change a final order, would this count? What are the chances that she will be able to get the final order overturned and change his school? She has as yet not submitted any paperwork to the courts, it's just threats at this point.
Sorry for the lengthy first post, I appreciate your help!
First time poster, looks like a ton of great support and advice so thank you all in advance!
I have a final order signed Aug 2016 that gives my ex and I joint custody, 50/50 access on a set schedule and that he goes to the school in my area (just started JK), let's call it Smith School for anonymity's sake. My wife teaches at another elementary school (let's call it Jones School) and wanted him to go there, and while she didn't live in that school district she claimed that she could make it work for him. This was the main point of contention in our settlement discussions. She eventually relented and sent an offer that included him going to Smith School.
Some relevant details:
-The order was done via a settlement that she proposed, so she is the one who effectively offered that he go to that school.
-I (voluntarily) pick him up from her on her mornings and bring him to his bus stop at my aunt's house. I also (voluntarily) bring him to her place on her evenings after I get him off the bus so that it's convenient for everyone.
-He gets on and off the bus with his two cousins who are his age, one of which is in his class. He is always in the care of family before and after school if I need to leave early or get back late.
-Reports from his teacher indicate that he is social and enthusiastic about learning. There have been no behaviour problems reported and he seems to love the school.
-I am also a teacher (high school) and my workplace is 15 min from Smith School, my house is 3 min.
-All of my son's family on my side lives in the area (grandparents, aunts, uncles, cousins, etc) and I live in the matrimonial home where he grew up.
-My ex is frequently late for non-school pick-ups and frequently puts our son in the gym daycare on her nights with him as she is a part-time fitness model. My son has expressed his desire to not go there anymore, but she persists.
-Pick-ups and drop-offs are almost always very civil and there are no issues.
My ex has now moved into the Jones School district, where she works. She says that it would be better for our son to go to that school now since she will be in the area, but he seems settled and happy at the school he is currently in, and nothing about her moving really changes the current access or transportation regime (she moved 3km closer to me).
So...after all that my question is that since one has to prove material change of circumstances to change a final order, would this count? What are the chances that she will be able to get the final order overturned and change his school? She has as yet not submitted any paperwork to the courts, it's just threats at this point.
Sorry for the lengthy first post, I appreciate your help!
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