My daughter is in an out of state school. The current Order states that both parents are to have equal access to her records and teaching staff. The Principal is non-responsive to my calls and emails and refuses to give me the information that I request. Without further detail I believe that he is in clear violation of the Order (most likely at the direction of my daughter’s Father).
I am considering Filing a Motion for Contempt against the school as the order that is being violated is still under Mecklenburg County jurisdiction. I am also asking for access to these records because, depending upon how my daughter is registered, her Father he may also be in violation of the order and I need to see these records to demonstrate his contempt to the Court.
Do I file the Motion for contempt against the principal whom I have communicated directly about this or against the school? Does that take on a different legal standard? It is a private catholic school.
The school cannot be in contempt of a court order when the school is not a party to the court order (this is assuming that the court order is a custody order where the parties are the mother and the father).
Make sure the school has a copy of the valid court order. If they still aren’t releasing the school records for your daughter despite the court order stating you are to have access to them, then contact the father. Be clear in your request for the school records from him and document this. If he refuses to provide you the school records, then you can file a contempt motion (called a motion and order to appear and show cause) against the father for not allowing you access to the school records pursuant to the court order.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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