Legal Aspects

[PIMJames]

My question really falls within consent to participate. My sister does not want her daughter to participate in gymnastics. Her ex-husband (well more her ex-mother-in-law) wants this little girl to participate. Her ex took their daughter to a gym and signed her up. With my daughter participating I know the drill of consent forms. But, in the situation of joint-legal and physical custody, can one parent sign a child up for gymnastics with the other parent against it My sister is also the insurance holder for her daughter. Can her ex really sign something saying the girls insurance will pay if she is injuried when it is not his insurance? The owner of the gym said it does not matter to her the custody of the child just as long as a parent signs. She said she does not need both parents signatures if the parents are separated. How accurate is the owner with the liability aspects of this?Thank you for any help.

 

[bribri514]

No one here knows the exact details; the custody arraingement, your state laws, etc. Etc. So I don't think we can help you there. I would ask your (or your sisters attorney)

The only thing I can say is, if your niece REALLY wants to do gymnastics why prevent her? Its such a positive beneficial sport/activity that if she wants to do it, it shouldn't be barred for it because of a custody fight (parent a will let her so I won't to show parent a I care more or have more control or or whatever)

Like I said I can't speak to the exact details but trying to bar your sisters daughter from gym just because the other parent signed her up doesn't seem like a good idea. Good luck to your family.

 

[Deleted member D3987]

don't need the details. if 1 parent is opposed or has not been informed, that parent can sue her ex. joint custody means 'agreement' on both sides. this can be challenged in court. and depending on the consent laws in whatever state this is in, the gym could be liable also. tell the mom to seek counsel. and tell the gym owner to get a signed release from the mom.

 

[TXmom]

don't need the details. if 1 parent is opposed or has not been informed, that parent can sue her ex. joint custody means 'agreement' on both sides. this can be challenged in court. and depending on the consent laws in whatever state this is in, the gym could be liable also. tell the mom to seek counsel. and tell the gym owner to get a signed release from the mom.

Spot on. PIMJames your sister needs to contact her attorney.

 

[CoachGoofy]

I hope this kid isn't being used as a pawn to get to one parent or the other. I don't know anything about the legalities, but I know that sort of thing sucks for everyone.

*child of divorce*

 

[Muddlethru]

I hope this kid isn't being used as a pawn to get to one parent or the other. I don't know anything about the legalities, but I know that sort of thing sucks for everyone.

*child of divorce*

A team mate of my daughter was stuck in a potentially similar situation. The father was against and the mother was a big advocate of gymnastics. They also had joint custody. The little girl wanted to keep participating in the sport and so did the mother, big time. So, the mother petitioned the court for sole custody and/or for the father to let the girl participate in gymnastics. The father argued that the sport was just too dangerous. It was later deduced that the father just did not want the little girl doing gymnastics to spite the mother. Our HC was caught in this battle and was asked to even appear in court several times. I do not know exactly what transpired in the courtroom or what convinced the judge of his ruling. But in the end, the judge ordered the father to allow the little girl to participate. It was a horrible situation for the little girl. Every time she had to spend the night or the weekend with her father, her dad would pick her up from the gym as soon as the mother dropped her off. If there was a meet scheduled the weekend he had her, he would not let her compete. After the court ruling, things mellowed out and the little girl is now at least seen regularly at the gym (the father, now married, even watches her). That year this happened, was probably her worst year gymnastically. It is tough enough for the kids when parents divorce and I can only imagin how much worse it is when parent use their children against each other. I am not saying this is the case of the OP's sister. But unfortunately, the little girl is still caught in the middle.

I think the insurance issue is a moot issue because the bottom line is the mother does not want the daughter participating in the sport. And the matter of withholding insurance and/or trying to find out what right one does have with regard to the use of insurance appears to just be means to hopefully stop the participation in the sport. I do not mean to offend anyone. This is just my two cents.

 

[gymgal]

The others are right that this needs to be brought to he attorneys but in regards to insurance, I believe the father has the right to provide that information on behalf of his daughter. This information is given in case of an emergency so that medical care is not delayed. The gym does not need to have the mothers signature on the insurance form. It is just a form that states the child has insurance and that the gym will not be held liable for medical bills.

But this family really needs to get this straightened out fast.


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[bookworm]

I don't think this has anything to do with the "danger" of gymnastics...sounds like this is two people who decided to divorce because they could not agree on anything, still not agreeing...sad for the child..

And it's just my opinion but these parents should grow up and settle their differences away from the gym...this is so not a gym issue and it's terrible that the little girl's gym and coaches are dragged into this.

 

[gymgal]

I don't think this has anything to do with the "danger" of gymnastics...sounds like this is two people who decided to divorce because they could not agree on anything, still not agreeing...sad for the child..

I think we have to be careful about jumping to conclusions. There are lots of reasons why parents might disagree on whether a child should be in gymnastics and many of them particularly affect divorced parents - such as finances, time commitment both for practices and for meets (which would take away precious family time that is already split). Shared custody traditionally means you split everything and the mom might not have the resources to do this (time or money). Also, past personal experiences - maybe the mom was a gymnast and doesn't want that for her daughter. there are so many scenarios in addition to the plain "divorce argument". Of course, this family still needs to resolve this in a diplomatic way, which doesn't sound like it's happening.

 

[bookworm]

I think we have to be careful about jumping to conclusions. There are lots of reasons why parents might disagree on whether a child should be in gymnastics and many of them particularly affect divorced parents - such as finances, time commitment both for practices and for meets (which would take away precious family time that is already split). Shared custody traditionally means you split everything and the mom might not have the resources to do this (time or money). Also, past personal experiences - maybe the mom was a gymnast and doesn't want that for her daughter. there are so many scenarios in addition to the plain "divorce argument". Of course, this family still needs to resolve this in a diplomatic way, which doesn't sound like it's happening.

But I think if there is a relative posting on a website asking for legal advice, conclusions are going to be reached...the aunt/uncle didn't say anything about resources or personal experiences, she/he asked, in one of her/his first posts on CB, "what falls within consent to participate?" because her/his sister doesn't want the child to participate (for whatever reason) ...that is why I said that this is really not a gym issue and totally agree that it needs to be resolved in a diplomatic way..

 

[Deleted member D3987]

i stand by what i originally posted.

 

[Faith]

I am fairly sure here, as long as the parent has parental responsibility, they can sign a child up for whatever. A gym would only need one parents signature for the form, same as if the parents were together they wouldn't need both signatures. Then if the parent wants to take the child when they have access, they can.

The only way the other parent could stop it would be to take them to court. We've had similar cases with vaccinations, where one parent has had to get a legal decision to stop the other parent having a child vaccinated, or where a parent takes a child to see an abusive relative, that type of issue. I think a court would laugh the gymnastics issue straight back out again.

But I'm in a different country, with different laws, and of course the NHS which means health insurance isn't an issue.