I Have No Say in Where My Daughter Goes To School- Hearing on 3/1/2016 with Judge Baird

… Even though I am her primary caretaker and have been the only one to make these decisions so far.

My daughter’s father had filed an Ex Parte Order to “Restrain Change of Schooling and Change of Domicile” on February 2, 2016. He stated that I withdrew our child from school to move to the State of Wyoming.

In the transcript I will be referring to for this post, it shows that I explained to the judge that this was not the case, and I proved with pictures of text messages between the Defendant and myself that he knew I was not moving to Wyoming. In fact, he agreed to visit in advance. I proved all of this with my objection to the Ex Parte.

Sheet 3, page 5:

“Well, didn’t you think that might worry him?”

Sounds innocent enough, right? Probably no big deal? The problem, though, is that I had just got done explaining to her that the Defendant knew we were visiting Wyoming, and I reminded her that I already provided proof he knew this- which at the same time, proves that he lied to the court. And yet, Judge Laura Baird is so concerned about what might worry the Defendant. There was no reason for this comment.

{If Judge Baird is going to defend him like this, why would she not ask the same questions about my concerns regarding Khloe’s safety at his house? A good time for this to happen might have been after a dog bit her in the face at his house. Or when Khloe was a baby and she had a double ear infection and he refused to take her to the doctor (he didn’t have enough gas to take her to urgent care but he needed to hurry up and drop her off with my dad. This was while I was in class at Jackson College). Or how about when a doctor wrote a report saying that Khloe needed to be protected from certain kids at her dad’s house? The list continues, and it’s a pretty long one. This is exactly why I started this website because when I bring these concerns to court, I get ridiculed, embarrassed, harassed, and lied about- both by the Defendant and the court themselves.}

Sheet 4, page 7:

“You have shared legal custody of this child because your order doesn’t specify if it’s sole or if it’s joint. And so when it doesn’t specify, then it’s joint legal.”

Every single attorney I spoke with has said the opposite. The last time she spoke of this, she was referring to case law. So because of someone else’s case, they treated their case as joint legal even though it was not specified for them, then my case needs to be treated the same. However, even after the hearing where she brought up this case law, my attorney told me there are so many other case laws that state the exact opposite and told me himself that what the judge said is not true. Additionally, before I transferred Khloe to the other school, I contacted Legal Services of South Central Michigan and an attorney took the time to look over my case. She told me that I can, of course, transfer her to another school without her father’s permission. He does not have legal custody.

But instead of the Judge actually sticking with what she’s saying and that our case should be treated as if the Defendant and I share joint legal, she puts my rights in his hands:

Sheet 4, page 8:

“Ms. Hartigan, you can’t take her out of school without his consent.”

“You can’t just unilaterally decide you’re going to homeschool her, so you have to put her back in the public school.”

Sheet 4, page 9:

“You may not homeschool her without his agreement.”

{It doesn’t matter that I have been the one to make the decisions for Khloe since Day 1, as her father has not been involved. The Judge has previously heard the Defendant admit this as well- he admitted in her courtroom that he is not involved with Khloe’s educational decisions. And yet, she still refuses to take any wrongdoing of his into consideration. Also, I was not trying to homeschool her, she was in the K12 Online Public School program. The judge is allowing the Defendant to control the situation through the courts.}

Sheet 4, page 9:

“If you need to leave town, you have to leave her with him.”

{There is nothing in the law that says that I have to do this. Nowhere in our court order. The Judge needs to stop thinking she can just make up rules as she goes along. The Defendant only has parenting time.}

Some extra notes:

The reason that I transferred Khloe to the K12 Online Public School program was so Khloe and I would be able to visit Wyoming more often. I was engaged at the time (we are now married) and the courts had already denied us permission to move to Wyoming. So we tried to make the best of the situation. Obviously, the courts need more control than that, because us being able to travel is nearly impossible now. Khloe is taking this very hard, and it’s only going to get worse if her father doesn’t allow her to visit Wyoming with me. I have not done this yet, but because of the leash the courts have on us now, even the summertime when Khloe is off school won’t work because he sees her every Wednesday. There will be times when Khloe can’t go with me, and what her father and the courts don’t understand is that it is only going to further damage the relationship between them. Khloe talks about wanting to tell the judge that she wants to move to Wyoming and doesn’t want to spend the night at her dad’s and so on, but the judge won’t see her, so Khloe is growing resentment towards her and therefore our judicial system as well.

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