Legal Question in Family Law in California
For two years I had to endure a custody battle where my ex was going for full custody. He drained me financially and at the end I had to represent myself. All went ok but somethings my ex requested (his attorney requested) I didnt how to object so I didnt my main goal was my son. My ex is a military officer controlling and emotionally abusive. This was the second time he took me to court for full custody..trial resulted in 51/49 my son goes to school in my school district. We have wording in our court order that states; No parent can be at the child school when school lets out unless other parent permission. Each parent can volunteer at school without restrictions each parent can partake with all child activities. My ex coaches my sons baseball team we have no restriction on us attending and no problems with us. But my ex will try to kick me off campus if I am volunteering at the school and it overlaps when school lets out..I told him I not violating court order since I am volunteering he says I am. Also there is no time frame in court order..just "when school lets out" well I live across the street from school does that mean 2 minutes, 5 minutes, an hour, 5 hours after school lets out...niether of us have a restraining order on us and we once again attend all the sporting events together. My ex though uses this wording that he requested be added so I am limited on my access to the school because it gives me more opportunity to be in my son life. I am the only one who volunteers at the school he never does so the order doesnt affect him. Do I have a valid reason to go back to court on what legal grounds do I use. My ex is using this part of the court order for control and it the real only contention we have because its not fair..we have no restrictions on coaching sports yet we do with school. The order is more for my exs convience than for a needed law. I feel like I have a restraining order on me disuguised as something else since it controls where I can physically be and this violates my civil liberties.
PS ....oh I did make one objection at trial and the judge said"You have no need to be at the school on fathers days so I will honor his request and place the order"
So I cant be at the school when school lets out but a half hour later I can be at his baseball game.
It doesnt matter if I have no need its not legal is it..I cant pick up friends kids for them, pop in to see his teacher without preplanning which is not always easy to do ect.
Please give me your thoughts and PS he tried once to have to have TRO on me case dismissed and he lost in 730 evaluation. I need to show this order is about control not a real need
1 Answer from Attorneys
You do not ask any question here. You can always go back to court to modify the order.