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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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Old 06-02-2011, 08:55 AM
crosser_1978 crosser_1978 is offline
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Default Ex Taking Me Back to Court over School

Good Morning, This is my first post on the site. I'll start with a little background information.

In January of 2009, my ex and I had a decision passed down in court that I have full custody (which my ex admitted on the stand was best) and we have 50/50 visitation. It is not easy on my son but unfortunately I've been advised by my lawyer there isn't anything we can do to change it.

In September of 2009 my son was in a specialized program for speech therapy at a public school. It was a one year program. After that year I moved him to the catholic school behind my home so he could be in the same school as his sister and make friends in the neighbourhood.

My ex, now has decided that he doesn't like the school and wants him to change schools again. It would be his 4th school in 4 years. It was my goal to provide some stability with the purchase of this home so he could stay at the same school until high school. I have consulted him on the matter multiple times but he will not budge on his position of changing him schools. He has no reason other then because it is a catholic school. Being the parent with custody it is my final decision.

He has now threatened me today saying he will take me back to court over the school my son attends.

Any advice would be greatly appreciated.
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Old 06-02-2011, 10:10 AM
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NBDad NBDad is offline
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What school are you zoned for? Are you able to choose either the catholic school or a public school?

If so, gather statistics to show how the catholic school compares to the public schools. It should be slightly better overall. Added to the stability of it being close to home, and that the child's sibling also attends, and your ex would be foolish to take you to court.

I would say he's blowing smoke. In any event, by the time he gets you to court and you get to a judge, the school year will be half over anyway, and the judge will be leery of breaking the existing status quo.

As the primary parent, the final decision rests with you, your ex has the right to challenge it via a motion to the court, but he'd have to have facts that show the public school is significantly better. Added to that, he'd have an uphill climb due to the vicinity to your home, the sibling already attending, and the stability....he's screwed in my opinion.
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Old 06-02-2011, 12:17 PM
TLCRN TLCRN is offline
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He has to prove, have a good reason, and provide "evidence" the school of his choice is better than the other.
NDDad is right it sounds like he is blowing smoke.
You might want to ask for cost when replying to his motion, you have nothing to loose~
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Old 06-02-2011, 12:23 PM
crosser_1978 crosser_1978 is offline
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Thank you both, it just makes me feel better to get an outside opinion.
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Old 06-02-2011, 12:45 PM
staysingle staysingle is offline
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Hold on here !,
1) "I have full custody" ( do you mean primary residence or sole legal custody?)
2) " and we have 50/50 visitation" ( do you mean equal parenting time or joint legal custody)
As with everyone, there is always more to anyones story than space provides here.
If you ex "admitted on the stand" that full custody to you was "best", why were you two in court in the first place?
How old is your son and how effective was speech therapy.
NBDad, In my community catholic schools are at the bottom of the pile not to mention the incidents of pedophilia are documented to be highest at Catholic schools. For a more objective analysis of individual school rankings visit www.frazerinstitute.com.
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Old 06-02-2011, 12:56 PM
crosser_1978 crosser_1978 is offline
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1. Sole Legal custody
2. Equal time with our son 50/50. His schedule is Monday Tuesday with me, Wednesday Thursday with his dad, and Friday Saturday Sunday with me. The next week it is opposite.

We were in court originally because he wanted joint custody and equal time. My position was he needed the support at home for his schooling. So I was going for full custody with his father having one night a week and every other weekend. The final order was custody to me but I needed to consult his father on major decisions.
Our son is almost 8 now. The speech therapy went very well. The help he needs really has to do his spelling. His comprehension and math skills are above average.
I have already researched the schools in our area via the Fraser Institute. I did that before even buying a house in the area. The school has consistently performed better then the public schools in this area.
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Old 06-02-2011, 01:06 PM
staysingle staysingle is offline
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What did the order say about the NCP access time? It's not my intention to needle you with detailed questions. I am reading a unique scenario here that sounds very interesting.
Did the father agree to change from the public school to separate school last year?

Some stability definitely seem desirable for your son. How is your other child managing all of the change?
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Old 06-02-2011, 01:23 PM
crosser_1978 crosser_1978 is offline
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Staysingle, I like the detailed questions as I will need to have these answers ready if it does go to court. The access time was just stated to be 50/50. The father did not agree or disagree to sending him to the separate school last year. He was involved in the transition meeting between the speech and language program and the new school in May of 2010. He also agreed to have him baptized. He had no objections until around November of 2010. It was at that point he starting complaining regarding the religion classes. He has found any reason to get upset, if he got hurt on the playground, the kids were to rough, if he got in trouble for talking in class, the teachers were mean, if he had to stay in for recess to finish his work because he was talking, the teachers didn't like him.
ON that note, my other child is doing very well in the new school. Her grades have improved and her relationship with her father (previous relationship) has flourished since the divorce from my sons father.
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Old 06-02-2011, 01:27 PM
staysingle staysingle is offline
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Thanks for sharing in your answers. Did the move to this new school result in your son living any added significant distance from dad?
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Old 06-02-2011, 01:30 PM
crosser_1978 crosser_1978 is offline
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Instead of being 8 minutes away from his dads, he is now 11 minutes. I've even offered to help with the travel for school if need be and have helped if he wasn't able to pick him up.
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