Preschool - is in required child attends.

[FirstTimer]

So this never ends with my ex. A judge had decided 2 weeks ago, that I still have primary residence with our son and that on the 2 days in the week she had him overnight, she was to drop him off at pre-school in the morning.

This was under the pretense that she had a new 9-5 job, which was false. When the judge asked the specifics like, so are you working right now? She told the judge she would start training the following week, however she took him to BC for a 7 week vacation the following week. She had told me this a month earlier that she would go on vacation that week. Nicely done on her part. Good thing Court allows you to get away with lying.

She emailed me this morning to say she is not working and does not require daycare meaning, she will not be taking him to school in the morning and keeping him. Hence the judge specifically saying that she drops him off and picks him up from school when she has her time with him.

Now my issue is and had been brought with the judge was that he is enrolled in Montessorri Pre-school program full time and when she had him she would not take him. They have told me that he is behind due to the fact he is only going 3 days a week and even though I do homework with him, he needs to be attending every day.

A normal person would file a variation order to change this, and even so have to prove it's his best interest to miss pre-school. Montessorri provides a structured learning environment that prepares them for K1. (This is not daycare and I agree that daycare is not mandatory). This only benefits him and both parties had originally agreed to send him to Montessorri.

ATS vs TAK

Then what, when she finds a job put him back full time? He already said in court, if I put in this order, how do I know you will have the same job/schedule 6 months from now.

What are my options here? It says on the court order she is to drop him off but now she feels that since she is not working she can unilaterally decide not to take him. Judge said we need to come back in September, 2015 so if I go through mediation, and that doesn't work, can I file another motion she is not obeying the terms of the order?

Or the heavy handed approach, call the school if he is there and if he isn't go and pick him up myself. And if need be call the police as the Court Order specifically states he is supposed to be in school?
Thank you kindly.

[Links17]

You are going to be in court anyways in September - just bring it up then. Don't do anything stupid like go take him yourself.

She can do whatever she wants, just contest what she is doing in writing and then in court point out the multiple lies and the fact she doesn't follow through with her promises.

[Dadx5]

How old is the child? How long have they been attending Montessori?

What is the custody situation? You are primary residence but is custody joint?

Finally how is the order from the judge worded. She has 2 days a week overnight does it say her custodial time ends at drop off next am? Or specifies an end time the next day, or states in the order she is to drop off at montessori next am?

[FirstTimer]

Child is 4, been attending since September 2014. I have primary and joint custody.

I've replaced the names with Mother and Father...

It is very specific.
Father and Mother will have access time with the child as follows:

a) Mother will have the child on Wednesday nights with Mother dropping off the child at his daycare on Thursday morning;
b) Mother will have the child from Friday after school to Sunday at noon on week one, two, and four of each month;
c) Mother will have the child from Sunday at noon with Mother dropping off the child at his daycare on Monday morning on week three of each month;
d) Father will have the balance of the parenting time with the child.

[Dadx5]

I am no expert but I would say that if it is written exactly like it states here then mom would be in contempt for not bring child to his daycare. It doesn't state she gets him for the day.

I would write her a letter stating that she is to follow the order and child is to be at their program on each of her parenting days. I don't personally think you should wait until september if you plan to keep your child in Montessori as that is a long time losing program.

If she continues to fail to bring him, could you not bring a motion to make sure the order is being followed.

[Rioe]

She previously agreed to send him to Montessori. Therefore he goes to Montessori.

With a schedule like that, how did she manage to take a seven-week vacation with him?? Why didn't you point out to the judge that she was lying about starting training for work?

[FirstTimer]

With a schedule like that, how did she manage to take a seven-week vacation with him?? Why didn't you point out to the judge that she was lying about starting training for work?

Cause she lied. I was wondering that as well on the day of court. I brought it up with the judge that I do not know if she has a job or not even though she said it on the affidavit. So then he looked at her and asked if she was working RIGHT NOW, and she said no but then what I assume now in hindsight she quickly made it up and said yeah I'm starting training next week. And gave details about her new job etc.

Right after trial, she told me she would not be going to BC as she would start training.

Then three days later, emailed me and said she is going to BC for spring break as is entitled to it as per court order.

In regards to the 7 week vacation, judge wrote it that we can both take one before our next September date. He specifially wrote on hers IF she is entitled to it she can....meaning that she told him she might not be because she is just starting her job and might not have enough vacation days yet. This is a testament to how well she manipulates.

[FirstTimer]

Sorry what I meant is 7 day not 7 week lol