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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 10-05-2019, 02:28 PM
Mother Mother is offline
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Default Contempt of Court

There is a final order in place that outlines all the details like:
-50/50 custody
-each party is to write in a respectful tone about/to the other
-parties to share parental decision making regarding education, health, religion, and extracurricular activities
-the parties both to chose a public school for child
-child shell be kept in the same school unless and until the parties jointly decide otherwise

At the same time one party continuously does the following:

-calls the other party names, writes in a very disrespectful way to the other party, threatens to tell the child that the other party is a horrible parent that doesn't meet child's WANTS AND WISHES (literally), all in writing
-makes unilateral decisions regarding education and extracurricular activities. When reminded of the existing order, the response was "I signed the child up and was gonna tell you"

-makes unilateral decisions to change child's school, telling the other parent I changed schools. Nothing you can do about it.

Is this party in contempt of court?

If so, what can be done about it?
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  #2  
Old 10-05-2019, 04:09 PM
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Originally Posted by Mother View Post
-calls the other party names, writes in a very disrespectful way to the other party, threatens to tell the child that the other party is a horrible parent that doesn't meet child's WANTS AND WISHES (literally), all in writing
Annoying, but contempt is a quasi-criminal proceeding. Nobody is going to be held in contempt for being rude.

This is one of those "take the high road" moments. Take the high road.

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-makes unilateral decisions regarding education and extracurricular activities. When reminded of the existing order, the response was "I signed the child up and was gonna tell you"
You said you are 50-50. Just don't bring the kid during your time.

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-makes unilateral decisions to change child's school, telling the other parent I changed schools. Nothing you can do about it.
Change it back. It is 50-50 custody, you have the same rights as your ex.

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If so, what can be done about it?
I see nothing here that you cannot just handle yourself.
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Old 10-05-2019, 05:55 PM
Mother Mother is offline
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Thank you Janus. Great suggestion, will do just that.


Still curious if the unilateral move to change schools can be considered contempt? Yes? No? May be?
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Old 10-05-2019, 06:09 PM
standing on the sidelines standing on the sidelines is offline
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Originally Posted by Mother View Post
Thank you Janus. Great suggestion, will do just that.


Still curious if the unilateral move to change schools can be considered contempt? Yes? No? May be?
what was the reason for changing schools? If asked would you of consented?
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Old 10-05-2019, 06:46 PM
Mother Mother is offline
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Originally Posted by standing on the sidelines View Post
what was the reason for changing schools? If asked would you of consented?
No consent would be given.


The party tried this a few years back when child was in kindergarten (wanted to move child from one k/g to another, lying in writing along the way). Party filed a motion, party lost with costs. Party is doing the same thing again.


There are some child's issues involved that I am not going to discuss here. It is best for the child to stay at the same school for now. Willing to revisit moving to another school this coming summer before next school year starts, depending on the child's conditions at that time.


As to the reason, I am not that party, can only guess: personal convenience/inconvenience; my way - the highway or something else. This party moved from place to place 10 times in the last 7 years and is moving for the 11th time very soon (approximately same geographic area). All is well documented so the party absolutely cannot deny moving that often.

Last edited by Mother; 10-05-2019 at 06:53 PM.
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Old 10-06-2019, 08:05 PM
iona6656 iona6656 is offline
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Originally Posted by Janus View Post







You said you are 50-50. Just don't bring the kid during your time.







Change it back. It is 50-50 custody, you have the same rights as your

Iím pretty sure this poster actually has joint custody, but mom has primary residence and OP is an EOW dad. It seems he just constantly says he has 50/50.

So if mom wants to change child to a school near their house, I donít see the issue?
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Old 10-06-2019, 08:37 PM
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Originally Posted by iona6656 View Post
Iím pretty sure this poster actually has joint custody, but mom has primary residence and OP is an EOW dad. It seems he just constantly says he has 50/50.
Well, if that is true then he will not be getting meaningful answers to his questions. Garbage in garbage out.

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So if mom wants to change child to a school near their house, I donít see the issue?
Yeah, if he's an EOW dad, then the mom's choice of school should prevail.
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Old 10-06-2019, 11:21 PM
Mother Mother is offline
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Well, if that is true then he will not be getting meaningful answers to his questions. Garbage in garbage out.
Janus, I wouldn't listen to iona6656, not in this case, she is confused and has no idea what she is talking about. You got it right. That's all that matters.

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Yeah, if he's an EOW dad, then the mom's choice of school should prevail.
Parents have 50/50 legal custody and cannot move the child without discussing and agreeing with each other. It's in the agreement.

Oh, I am not he, I am definitely a SHE. Again, don't listen to iona6656. She is making wrong assumptions, often.
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Old 10-07-2019, 09:00 AM
Berner_Faith Berner_Faith is offline
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Originally Posted by Mother View Post
Janus, I wouldn't listen to iona6656, not in this case, she is confused and has no idea what she is talking about. You got it right. That's all that matters.



Parents have 50/50 legal custody and cannot move the child without discussing and agreeing with each other. It's in the agreement.

Oh, I am not he, I am definitely a SHE. Again, don't listen to iona6656. She is making wrong assumptions, often.


Back in August you stated

ďParent A and Parent B, joint 50/50 custody, child elementary school age resides with one parent, another parent has typical every other weekend accessĒ

So regardless of if youíre a he or she (past posts make it hard to determine) you donít have 50/50 if the child resides with one parent and the other has EOW... you may have joint custody but if you donít have primary residency, I wouldnít expect the child to go to school in your area.

Youíd get more helpful advice if you stuck to the fact and didnít make posts so confusing.


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  #10  
Old 10-07-2019, 09:32 AM
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Quote:
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Parents have 50/50 legal custody and cannot move the child without discussing and agreeing with each other. It's in the agreement.
Generally, best interests of the children overrides any agreement. Every single judge will agree that it is in the best interests of a child to go to a school that is near to the location at which they usually wake up in the morning.

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Oh, I am not he, I am definitely a SHE.
Notwithstanding the frequent allegations by sulky moms, I don't actually care.
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