Legal Question in Family Law in California
First of all, context: Father has primary physical custody and joint legal custody. We have a court order that states any additional visitation other than what's outlined in the court order, has to be agreed upon by both mother and father with 7 days notice. Court Jurisdiction is Nevada. Children/Father are residents of California.
Mother is working with the school to arrange visitation (volunteering in the kids' classrooms) without asking for approval of the Father. At times, not even notifying him or notifying him minutes prior to the visits. The school is facilitating this without our knowledge and against our written wishes. The Mother has used these visits to take school materials and projects intended for the Father, has admitted to this in writing, and will not return them. The school is further aware that she is taking materials, but will not take action to recover/prevent future incidents or curtail her visits under their supervision. We contend that the Mother is violating the court order regarding visitation and that the school is violating the visitation rules in the California Education Code Section 51101.(16).(b).(3).(d), which we�ve pasted below for reference. Pursuant to this, we�d like to file a cease/desist against the school district preventing further illegal actions on their part and we�d also like to write a letter to the mother addressing her violations of visitation. Is this a viable approach?
Referencing �California Education Code Section 51101.(16).(b).(3).(d).
i. Quote �(d) This section does not authorize a school to inform a parent or guardian, as provided in this section, or to permit participation by a parent or guardian in the education of a child, if it conflicts with a valid restraining order, protective order, or order for custody or visitation issued by a court of competent jurisdiction.�
ii. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=edc&group=51001-52000&file=51100-51102
iii. In my interpretation of said educational code, �educational rights� do not allow the school to permit participation of the other parent if it violates a �order for custody or visitation [order] issued by a court of competent jurisdiction�.
1 Answer from Attorneys
You are mistaken in your interpretation unless the order specifically says she cannot volunteer at the school. You also have the problem that you are trying to enforce a NV order, which you would have to have converted to a CA order before it would even apply. If father and children live in CA, he should contact a CA family law attorney about having the case transferred to CA and then get a more specific order directly from the CA court in the county in which the children reside.
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