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  1. #1
    Join Date
    Jan 2012

    Lightbulb Change of School District in Violation of the Custody Order

    My question involves a child custody case from the State of: California

    Alameda County Family Law Judge ordered that the minor child stay enrolled and attending X USD. Both parents share equal custody, legal and physical. Mother filed a "move away" still un served after several months. Judge has heard matter twice, regardless of father objection per CCP 1005, insufficient service of process, no opportunity to answer, be heard and or request trial. Judge ordered minors council. Father just filed for dismissal of motion and that was calendared thankfully. Likely mothers "move away" will be reissued and properly served, answered and set for trial.
    Despite the standing court order that the child remain in enrolled and attending school in X USD, and despite the mothers move away requesting to relocate the child to the South Bay, Santa Clara County in June of 2012, and the court fully aware that the child's father does NOT reside within X USD boundaries, the mother has now moved out of the County. She moved north to C Co County, despite the order and her un served motion, requesting to move the childs to the S. Bay and enroll the child in school there.

    The child has been attending school in X USD since first grade, it's very unlikely that a move away, requiring a change of custody will be ordered. The mother compromised the child's position at her current school by moving out of the district, out of the county, just ten days after a hearing, telling the judge that her intentions were to move to the S. Bay in June of 2012.

    Forty days after this move, the mother did a unilateral inter district transfer from Co Co County to Alameda County X USD. It is now "open enrollment" time for next school year, the mother still intends to move the child to the S. Bay in June and now enrollment for next year is severely compromised, due to mother intent and that she did the inter district transfer unilaterally.

    Is what the mother is doing contempt of court, basically all but ensuring that the child can't be enrolled in PUSD next year as per court order that the child stay in X USD? Is contempt a viable option at this point and will that iff successful strenthen my position?

    Best Regards,


  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Change of School District in Violation of the Custody Order

    You told us that the court ordered that the child remain in the same school district, so if mom changed the district you have told us that mom would have violated the court's order. It's not clear that her actions can be undone unless you move to the desired school district. You should discuss any possible effort to have your ex- held in contempt with your lawyer.

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