I have a custody order from Riverside superior court. Can you please explain what is consider the childs extracurricular activity. My thoughts of an extracurricular activity pertains to the childs schooling and they may or not do this activity on school campus ex. football, drama, tuturing etc...
My ex says I am not allowed to enroll our children in any type of activity without consent. When the children are in my custody, Shouldn't I be able to sign them up for a martial arts class or swimming lessons on my time. They would only be participating in the activity when they are with me!! thanks for all your help
Divorce / Separation Lawyer
There is no “legal definition.” Generally this is stuff your kids do that is related to school but is not a required part of the curriculum such as sports, performing arts, etc.
These other activities that you mention may or may not be considered extra curricular in nature. However, if it does not interfere with dad’s parenting time, no judge will agree that you can’t have your kids in these types of activities.
Best of luck to you.
Attorney Rebekah Ryan Main – visit us on the web at www.Main-Law.com
If you found this answer helpful, let me know by clicking the "Mark as Good Answer" button at the bottom of this answer. It’s easy and appreciated.
This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.
Divorce / Separation Lawyer
The answer to your question depends on whether you have a court order that gives you and your ex joint legal custody or gives one of you sole legal custody. If you have joint legal custody, then the general rule is any activity for which you sign up your child that affects his or her health, safety, welfare, education or may interfere with the other parent's time requires communication between you and your ex and mutual consent. Typically, these include sports and after school activities. There are exceptions to this rule. Signing up the children for swimming and martial arts should go through the other parent. You do need to get his or her consent. That is because these activities do potentially affect your child's health and safety. If your ex refuses to allow it, find out why and try to document it in email communications. If the refusal is unreasonable and your ex is just plain being unreasonable, consider court intervention.
The answer to this question assumes you have joint legal custody.
Family Law Attorney
You will probably not find a definition in a statute or case. Normally, an extracurricular activity is defined as any activity that goes beyond the normal school activity that takes place in a classroom (e.g. soccer, Boy Scouts, karate). The best definition is whatever the judge interprets the term to mean in your case. If you want to protect yourself, define the term in an order.
I believe that Form FL-341E refers to any activity that has the potential to interfere with the other parent’s custodial time. The activity is only extracurricular if it has the potential to interfere. You must pay attention to special days (i.e. holidays, summer vacation). You should not jeopardize the other parent’s custodial time. Nevertheless, you should be able to enroll your child in activities that do not interfere with the other parent’s time. Just be aware of any possible interference with the custodial arrangement.
I am a lawyer but I am not your lawyer. I am only offering general advice that is not specific to your case. For you to get advice you should consult and retain a lawyer. You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.