Hi.
Background:
The mother with majority custody expresses her interest in removing child from public school system.
The father does not agree to this and says it's really not a good idea. However, the father asks why. The mother proceeds to tell the father that school is deteriorating and that the child's behaviour in that school and at home is horrendous.
The child (6) takes off on her bike and rides down the street to get to school. The mother films the child riding the bike (while swearing and laughing from inside the vehicle - other 1 year old child in the car, not the father's biological kid). The mother sends this clip as well as the child giving attitude, the child getting locked in her room and banging and screaming in the door and the child begging to sleep with her mum to the father.
The mother begs the father to "let her do it for just one year". The father still does not agree.
The mother proceeds with the home schooling application and effectively removes the child from public school immediately.
The father tells the mother that he needs to agree as they have equal parenting rights. The mother says she will not be bringing the child back to school and that she will contact the mediation office.
The father agrees to her contacting mediation but says that the child should still go to the school in the meantime as he would need to agree to homeschooling. He tells the mother that she is in breach of family court orders section 1 (1.1) signed in Dec 2017 saying that both parents share equal parenting responsibility and shall make genuine effort to reach an agreement in all long term matters affecting the child. Including but not limited to:
1.1 the child's education.
The mother acknowledges that she is contravening and says that that is the reason she is taking the father to court.
What is likely to happen?
This is not the first pointless court date due to the mother's blatant disregard for court orders. No circumstantial change has occurred in the child's life in the last 2 months.
The mother is likely to proceed with home schooling regardless of family court decision.
Should the father go for custody based on the mother's disregard for any court orders?
Background:
The mother with majority custody expresses her interest in removing child from public school system.
The father does not agree to this and says it's really not a good idea. However, the father asks why. The mother proceeds to tell the father that school is deteriorating and that the child's behaviour in that school and at home is horrendous.
The child (6) takes off on her bike and rides down the street to get to school. The mother films the child riding the bike (while swearing and laughing from inside the vehicle - other 1 year old child in the car, not the father's biological kid). The mother sends this clip as well as the child giving attitude, the child getting locked in her room and banging and screaming in the door and the child begging to sleep with her mum to the father.
The mother begs the father to "let her do it for just one year". The father still does not agree.
The mother proceeds with the home schooling application and effectively removes the child from public school immediately.
The father tells the mother that he needs to agree as they have equal parenting rights. The mother says she will not be bringing the child back to school and that she will contact the mediation office.
The father agrees to her contacting mediation but says that the child should still go to the school in the meantime as he would need to agree to homeschooling. He tells the mother that she is in breach of family court orders section 1 (1.1) signed in Dec 2017 saying that both parents share equal parenting responsibility and shall make genuine effort to reach an agreement in all long term matters affecting the child. Including but not limited to:
1.1 the child's education.
The mother acknowledges that she is contravening and says that that is the reason she is taking the father to court.
What is likely to happen?
This is not the first pointless court date due to the mother's blatant disregard for court orders. No circumstantial change has occurred in the child's life in the last 2 months.
The mother is likely to proceed with home schooling regardless of family court decision.
Should the father go for custody based on the mother's disregard for any court orders?