I heard that court does not really care for Parental Alienation views. What are some ways to effectively show court that this is happening in my motion and that it is serious issue?
State/Country relating to question: California
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.Can you provide me some examples of what is happening?Do you understand the new rating system and how that works?
We have Joint Custody, he has physical custody and I have visitation.
Do you understand the new rating system and how that works? told me I couldn't go anymoreDo you have this in writing? Did you show for the trip and they would not let you go?
I do understand ythe new rating sysytem.. I think...bt if you would like to make sure I understand, please let me know.
Relist: Incomplete answer.
I am sorry, your previous expert has gone off line, I will send them a message for them to return to you as soon as they come back on line.
With the new system, you are requested to click on one of the buttons for a positive rating if you have been assisted. The reason I ask is that there are some problems and you had not accepted the previous answers under the new system. I am assuming that you have Joint Legal Custody. You also have not stated why you do not have custody or if there have been any other problems between you and the school. Assuming that there have been no problems, you need to file a certified copy of the court order showing that you have joint legal custody with the school and also with the school district. With joint legal custody you are fully entitled to all of the information about your child and also to attend and participate in any school events. When you send the order to the district, you would need to attach a copy of the letter from the teacher and the principal. Ask that they be instructed by the district to comply fully with the court order. Here it appears that you have a cause of action against the school unless they have another reason for denying you from participating.If that produces no results your next step is to contact the school board and get on the agenda for their next meeting. Then you can appear before the board and air your complaint. If that does not produce results, your next option is an attorney. Of course, you can get an attorney involved right now and that would be advisable. He would put you ex on notice that he is not complying with the court order and that the step mom is actively interfering with your rights as a parent. The attorney may even want to file a contempt action adding the step mom as a party and getting the court to issue a restraining order. That is the normal procedure since what you have is a "turf war" with her and unless she is made a party, the court has no direct jurisdiction over her actions. The legal aspect of custody for children and divorce means decision making and the parental authority and rights of each parent. It means having the legal right to make and participate in any material decisions affecting the children. Included are the choice or change of school, college, camp, or comparable summer activity, special tutoring, music, sports, art, dance, and other cultural lessons, psychological or psychiatric treatment or counseling, doctors, and surgeons; notice of illness and injury; access to school and medical records; and all other material decisions affecting the health, education, and welfare of the children. Specifically, legal child custody is the right of the parent to make decisions regarding educational instruction, religious instruction, health care, discipline, and child care providers for their child, but anything relevant to the children could be included in the definition. Legal custody can be granted to one or both parents, but the overwhelming preference is for joint legal custody. The judge expects each parent to keep the other fully informed and to consult with the other parent in all major decisions effecting the child.
Thank you for your thorough answer.
What is the best way to get them to understand she has no rights.By following the procedure that I outlined above including going in front of the school board. I already have court order barring her from school functions if I am goingThen the fact that they have pressured the school to keep you from such functions is a violation of that court order. The only way to enforce a Family Court order is to file a rule to show cause, ask the court to add her as a party and also to hold him in contempt of court. I have added step parents to the case where necessary to have them included in the standard restraining orders. A positive rating is always appreciated.
Practicing family law attorney
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).