Legal Question in Family Law in Massachusetts
Schools and divorce
Hi,
I have sole legal and physical custody of my 2 daughters. My ex has occasional visitation. On these days he picks the kids up from school. On at least 2 occasions (I have documentation) he picked the kids up 2 hours before the end of school without notice, consent, or warning that he would do this. He claims to have done this as a convenience to himself.
I asked the school (elementary) if they would prevent this from occuring in the future and the principle said that she wouldn't.
What are my rights to prevent him from doing this without my express consent? What law/rule could I show the school?
Thanks!
3 Answers from Attorneys
Re: Schools and divorce
Show the school the custody agreement/order that says you have sole physical and legal custody of you children. Tell the school that if they let the kids out to a stranger or early to your husband, they will be held legally responsible for the welfare of the child.
Re: Schools and divorce
I think this violates the order of the court. If there is an ambiguity, then you should file for a modification. If you believe the court order is clear, then file a contempt action.
TO be sure I would have to see the separation agreement.
Re: Schools and divorce
I would go a step further than Mr. Cheong. I would forward a certified letter with the Agreement to the Superintendent of Schools and indicate that the principal refuses to follow your lawful directive. Politely request a meeting with the Superintendent and the principal in the Superintendent's office. Your point will likely be made.
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