Went by my ATTY's office earlier today and got a copy of what XH's ATTY faxed over on Thursday as well as a copy of what my ATTY sent in response.
Dear Mr. (my atty):
Please consider this a meet and confer on the topic of the school selection for S10, our clients' 10yo son. S10 presently attends Fairmont Elementary. I believe this is his last year at Fairmont. Last year end, his grades were as follows:
Music - B History - A+ Math - A Writing - A+ Spelling - C+ Language - B Science - A
For reasons unknown to XH, GF wants to change S10's school to Browns Valley. S10 does not want to attend this school, he wants to stay where he is, where his friends are, and I see no academic reason for him to change schools, other than the convenience of your client. In fact, he was an academic competitor at Fairmont. When XH asked GF for the copy of S10's report card, she refused to give it to him. The school is closed for the summer so XH could not get it himself. S10 provide these grades to XH.
S10 has indicated a desire to live primarily with XH and continue to attend Fairmont. Because our clients share custody of all of the children, your client does not have the sole decision concerning S10's enrollment.
Please advise me by Monday, July 26, 2010, whether GF intends on enrolling S10 over XH's objection so I may pursue this matter in Court.
Thank you.
Very truly yours,
*signed* XH's BEE-OTCH
MY ATTY's response sent this morning:
Dear Ms. BEE-OTCH:
This responds to your fax dated July 22, 2010.
I spoke with GF about the issue you raised of changing S10's school and her position is as follows:
Since moving to her present address on *** Drive she has had to sign an agreement (or waiver) each year to allow S10 to remain at Fairmont School since she resides in the Browns Valley district and S10 should technically be attending the Browns Valley School. His youngest brother, S5, is enrolled at Browns Valley and attended kindergarten there last year. The oldest child, S14, is now in high school and will be attending Will C. Wood. The Browns Valley School is literally around the corner and having S10 attend BV reduces the number of schools the children are attending from three to two. The only reason S10 wants to continue at Fairmont is because his friends are there. Yet, children change schools all the time and switching to BV will not mean giving up his friends since no one is moving away. Finally, although this is not a primary motivation, GF has discovered that BV ranks somewhat higher academically than Fairmont. For these reasons, GF has declined to sign the consent form to continue S10 at Fairmont.
As an aside, it is noteworthy that your client lives in the Callison district so there is really no connection that any of the parties have any longer to the Fairmont district that would justify S10 continuing at Fairmont. Therefore, it is not so much a desire on GF's part to 'switch schools' for S10 but merely a feeling that S10 should attend the school which by all accounts he should be attending based upon his place of residence (consistent with general School district policy).
Please let me know how you wish to proceed.
Very truly yours,
MY ATTY
"For reasons unknown to XH".....ARE YOU FRICKIN KIDDING ME??!!! He f'ing knows! He just didn't tell his ATTY, and this is probably her way to prepare a rebuttal.
Oh, and then this being only about MY 'convenience'?? PUH-LEASE!!! Dumba$$ doesn't see that this benefits him as well!! No more going to THREE schools; it will go down to two! Furthermore, who says S10 can't be an "academic competitor" at BV either??!! GEEEZZZZZ!
I think the only thing my ATTY goofed on was at the beginning where he stated "since moving to her present address". I haven't had to sign the intra-district agreements "since" I've moved; it was "prior" to moving. I also wouldn't say BV ranks 'somewhat' higher...IMO, it's significantly higher than Fairmont. 860 vs. 765 - Cali wants the schools at 800 or higher.
So, FOR NOW, I am a little more relieved to know his ATTY didn't specifically state in her letter that they would be seeking full custody of S10. I see the implication that that's what might occur, but I guess until I actually see or hear it, I will view this as he is just fighting to keep S10 at Fairmont. And I keep telling myself that my boys will not be split up....S5 is going to BV already, and I don't see XH arguing about him going there!! So WTF?!
Both schools are closed right now. If I remember correctly, BV's website said staff will be at school starting the 29th (this Thursday) - I will check again, and the boys go back to school on August 12th. My ATTY wasn't in when I stopped by this morning, but his secretary said I need to enroll S10 in BV right away, and if the court should rule in XH's favor (which she adamantly believes will not happen), then we'll just have to change his enrollment over to Fairmont.
What a frickin mess, and I haven't done my homework yet for my class tonight...UGH...so I'd better get started seeing as how I have to leave in less than 4 hours!!
Thanks for listening.
Last edited by GoingForward; 07/26/1007:51 PM.
Getting over a painful experience is much like crossing monkey bars. You have to let go at some point in order to move forward. ~ Joseph Campbell
That's all good stuff to take into court if it comes to that.
It sounds like your attorney was trying to use language that was more diplomatic. Seems like she's almost hoping to call their bluff, that they won't take it to court.
As for S5, he doesn't have friends at Fairmont of course! LOL That obviously is the deciding factor on where kids should go to school.
Glad you can get enrollment and such sorted out next week.
Xh is going to talk to S10 about it, and unfortunately you can't do much til the kids are home again. But that's okay.
Keep breathing. Before you know it this will just be another bad memory.
Have fun at class tonight!!!!!!!
Michelle - Proud DR Rockette S: 28JUL07, D'd: 29OCT09 http://tinyurl.com/27j9qo2
Monday night was all bad. I was totally "off" on my draws...but today is another day and it will be better because now I feel like I can breathe and focus.
Just received a text from XH: "I know you hate me but I was only doing what S10 wanted me to do. I emailed my L this morning that S10 has decided he wants to go to BV."
I have not responded; I really have no desire to.
Needless to say, I am happy about this, but I still remain cautious. XH gave me SO MUCH sh*t about this over the last several months, it's hard to believe that he would change his mind just like that. It hasn't even been a week since he threatened taking action.
Maybe he did or maybe he didn't send an email to his L...but methinks his L contacted him after receiving my L's response on Monday morning, and maybe, just maybe, told him he will be fighting a losing battle.
I could be way off, but I like to humor myself!
THANK YOU SO MUCH FOR LISTENING AND FOR ALL YOUR SUPPORT, MY FRIENDS.
I am praying that this matter IS over and I can get back to being at peace!!
(((((((HUGS)))))))
Getting over a painful experience is much like crossing monkey bars. You have to let go at some point in order to move forward. ~ Joseph Campbell
I won't hold my breath but it sounds as if he really is backing off. I thought it was a hoot that I got a Happy Birthday from the Blood drive. It made me think of you!! All of you vampire types seem to "stick" together! LOL
kat
Me-53(and learning!) S24, S21, D18, D17 Just keep swimming, Just keep swimming. Dory
What's even funnier is now that I'm training to be a phlebotomist, I've been catching myself checking out other people's veins!! LOL And I'll admit, I get a little excited when I see very prominent, "juicy" ones!!
Getting over a painful experience is much like crossing monkey bars. You have to let go at some point in order to move forward. ~ Joseph Campbell
