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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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  #11  
Old 06-18-2019, 11:37 AM
HammerDad HammerDad is offline
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You mention you have a separation agreement that is signed. First, I would inform the ex via email that you do not consent to the changing the schools. I would do so in a polite business like manner.


I would then file the signed separation agreement with the courts. By filing it with the courts, it essentially becomes a court order. You will be assigned an order number (going off of recollection of when I did it about 10 years ago). I would then inform the ex that you filed the agreement with the courts and provide them with the order number. Then advise the ex that you still do not consent to the changing of schools and that any attempt to do so will now be in breach of the agreement, now order.


Just know that a signed agreement and an order are both completely enforceable. If the agreement provides that you have joint custody and share parenting (in whatever % it may be), than the ex is in breach of the agreement. Advise her that should she breach of X clause of the agreement you will take reasonable steps to remedy her breach through the courts.
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  #12  
Old 06-18-2019, 06:36 PM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by opticnerve View Post
Thank you for your advice. Yes it is hardball. I was thinking of a court order too. On Monday, I will be contacting the new school to remind them of my position and share my version of the separation agreement that states we have joint custody. My exw said she gave the school our separation agreement already and am unsure why the school would accept it as it states we have joint custody, and school knows I disagree. A side note, exw had our agreement notorized and never shared a copy with me. She only gave me a draft. I will also be contacting a lawyer for advice Monday.
I thought the in the original post you said that child sharing agreement wasnt in place and not included in the separation agreement? Did I miss something? Has there ever been something signed by the both of you stating the custody arrangements?
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  #13  
Old 06-19-2019, 11:06 AM
HammerDad HammerDad is offline
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Originally Posted by standing on the sidelines View Post
I thought the in the original post you said that child sharing agreement wasnt in place and not included in the separation agreement? Did I miss something? Has there ever been something signed by the both of you stating the custody arrangements?

My reading of it is that the ex supposedly has a fully executed version, one that they won't provide to the OP. All the OP has is an unsigned version.


If the OP only has an unsigned version, they will need to file a motion in court for custody and parenting time. I would base my arguments around the draft version of the agreement that the OP has, stating that, in the event a completely signed version is not produced providing otherwise, that both the ex and the OP were basing the custody arrangement off of the the draft agreement. That the parenting time schedule and custody arrangement from the agreement is the status quo of the past number of years, as evidenced by a calendar produced by the OP.


In the event that a fully signed version is not produced, than no agreement has been made and that given the lack of an agreement or court order, each parent has enjoyed defacto joint custody since separation, further entrenching status quo.


Not having a signed version of the agreement isn't great, but not fatal. Just base your arguments around that all aspects of co-parenting were based upon the terms of the draft agreement, which you believe to be signed by both parties (however you do not have one), and that you reasonably believed such agreement to be in effect.
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  #14  
Old 06-19-2019, 05:49 PM
standing on the sidelines standing on the sidelines is offline
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thanks for that Hammerdad
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  #15  
Old 08-19-2019, 06:01 PM
opticnerve opticnerve is offline
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Hi All, sorry it's been a while. Didn't realize you had replied further. To clarify, I have a signed separation agreement (SA), and my x has a signed AND notarized agreement (which happens to be the same version). Agreement says joint custody, primary residence is with my x, and access will be decided between us (with no formal schedule in the SA). Since I last wrote, the ex' lawyer #1 wrote me a letter that starting Sept 1 our child will be living primarily with the ex and I only get our child two weekends a month. That our child will also be transferred to the new school.

I met with old and new school principals advising of joint custody and status quo 50:50, provided them with my copy of the SA. I also communicated with the school board director, superintendents, and board lawyer with the same information. Board lawyer said the transfer will likely go through due to "primary residence" being at my x's.

I retained a limited retainer lawyer and started a court case and issued an urgent motion to keep joint custody, for 50:50 ordered, and to keep my child in her current school. Our SA (mine signed, ex' notarized) are filed with our case file in our affadavits.

Ex switched to lawyer # 2 (aggressive bully) and has managed to adjourn our motion date which likely won't get heard now until after school starts due to vacation schedules.

I've advised the school board that the transfer issue is before the courts and not yet decided. That they should not transfer our child unless a judge orders it.

Not sure what I can do before school starts to stop my x from changing things without a judge's order.
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  #16  
Old 08-19-2019, 09:11 PM
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What does your agreement say about school?
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  #17  
Old 08-19-2019, 09:24 PM
opticnerve opticnerve is offline
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It says nothing about schools
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  #18  
Old 08-19-2019, 09:25 PM
opticnerve opticnerve is offline
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And now my lawyer just threw me over a barrel. Jacked up her fee for motion appearance by $1000.
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  #19  
Old 08-19-2019, 09:48 PM
opticnerve opticnerve is offline
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Can I get a quick order from court to order the school board not to transfer the child until a decision is made by a judge?
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