SPARC Forums

Soc,

My ex and I have joint legal & shared physical. I have one week prior to the school year until one week following & even year x-mas. She has anytime our child is out longer then a 3 day weekend & odd year x-mas.

I filed for sole medical decision making rights with enforcement of medications. I have several letters to the ex with concerns that she is not allowing our child his asthma meds as prescribed.

This summer was the first summer the child needed a refill on her time. She did not refill them. I tried to make arrangements  with my ex to get the child these meds.

The ex claimed she had no ins. Then she does. That she can not find a doctor willing to see child. That she refuses to give the child the meds that could kill him. Ordered me to see a specialist.  All of this 1 whole year after the diagnoses.

I took the child to a specialist. It is documented the child has EIA and needs the meds to include on the Mother's time.

I mailed my ex a certified letter in August stating the current treatment. I also did this in an email w/read notify. The label on the inhalers clearly state how much to give and how many times.

Child (age 11) went for Thanksgiving break, I did not get to talk to him while gone (only gone 4 days). However, upon return the child claims the ex only administered the mourning dose of meds.

This is the only co time between now and the court hearing in Feb. However, there is a reasonable visitation clause that allows her to visit upon notice.

1. Is there any action I need to/should take at this point since once again she did not administer the meds or should I simply wait until the hearing in Feb and bring this incident up then?

>1. Is there any action I need to/should take at this point
>since once again she did not administer the meds or should I
>simply wait until the hearing in Feb and bring this incident
>up then?

You could argue that no overnight visitation is reasonable because of her steadfast refusal to administer medication. If the other parent disagrees, then you refuse visitation, and make your argument to the judge.

You can't be in contempt because you have a clear justification for your actions, and the order is too vague to find guilt beyond reasonable doubt.