went to school to pick up children, 1st stop high school, showed all legal paperwork about having joint custody and all, son not in school that day, so the school called middle school to warn them i was on way with legal papers, they interferred by calling sisternlaw to come get child b4 i got there, sisternlaw whom i have custodial interference papers on now, is this legal, what can i do about it, and can the school be charged for anything to maybe help someone else out that may go through this same thing i have, the other parent took them out of county to another school so really dont know what im dealing with there can anyone help, please?
2006-10-31 01:40:30 · 6 answers · asked by shortnsweet362000 1 in Politics & Government ➔ Law Enforcement & Police
if you have joint custody of your children, the school has violated that court order by not allowing you to pick up your children and if they called someone to warn them that you were coming to pick them up they have furter proved that they helped to violate that court order. you can petition the court to hear your side of what happened and the court can impose a contempt of court charge on the mother for allowing the school to violate the existing court order. in your joint custody hearing was it specified that you are allowed to pick the children up? if it does you have proven your case. if it doesn't the court can ammend the existing petition to allow you to pick them up. good luck
2006-10-31 01:55:43 · answer #1 · answered by american hispanic 2 · 0⤊ 0⤋
The school has no right to interfere but often they do. Have a lawyer send them a letter and remind them of the nature of your right. Most times the other party has already approached the principal and presented their side and asked for help. If I were you, contact the school board and inform them of your problem (if you cannot afford to hire a lawyer to send out the letter). Or go to court and let the court know how the school is interfering and have the Court order the school to stop. Did your sis-in-law take the children out of the country already? If so, go to court and get an order for her to return or report it as a kidnapping if you have custody. Then it becomes a crime and she can/will be arrested when she returns into the country. Or if she hasn't removed the child, get a Court Order preventing the removal and restrict her visitation (to supervised) to prevent the removal. Good Luck.
2006-10-31 01:57:57 · answer #2 · answered by Autumn 2 · 0⤊ 0⤋
Were the children aware you were coming to get them?
The school doesn't know who you are? You show up to pick up a child who isn't even in school, and you didn't know it?
Sounds like no communication between you, your children and your sister in law. Maybe you need to take whoever you have joint custody with to court and find out what is going on.
Apparently the school had no idea who you were. And schools usually have a list with names of who the children can leave with on it.
2006-10-31 01:55:53 · answer #3 · answered by MoonWoman 7 · 0⤊ 0⤋
You need to talk to a lawyer. There are papers you can have drawn up that will make it illegal for her to run off with the children and/or keep them from you.
As for the school's responsibility, there is no telling what your ex-wife(?) told them about you. They may have thought they were protecting the children from you based on things she may have said. Not to say what they did was right, but they are in a bad situation with you two being in a custody battle.
Good luck.
2006-10-31 01:50:19 · answer #4 · answered by startwinkle05 6 · 1⤊ 0⤋
Keep everything in WRITING. You are in the right, according to the courts. The school has violated the court order, write the school a warning letter, name names, dates and places, include copies of court order, threaten a civil/criminal action should the incident be repeated, you have a definite civil action against the school.
Send copies of letter to Principles, counselors, even school board. Watch them tapdance.
2006-10-31 02:40:30 · answer #5 · answered by Gunny T 6 · 0⤊ 0⤋
This sounds fishy to me. Why were you trying to pick them up without the other parent knowing about it? This is obviously the case, as you tried to pick up one of your children who wasn't even in school that day. The school may have been warned to NOT let you pick up your children, and if that's the case you have no recourse.
2006-10-31 01:53:29 · answer #6 · answered by AzOasis8 6 · 1⤊ 0⤋