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My child is in court ordered therapy.

My X and I have tried medation, currently the timesharing is one hour EOW, supervised by X (baaaad idea). I would like unsupervised timesharing with my child, or even with someone who is neutral and the child can feel comfortable showing me affection and attention without feeling she's betraying X. During this "mediation" X and her attorney suggested that the child's current therapist provide "father & child" therapy for my child and I since the child (age 5 now) is familiar with her.

I have tried to contact this therapist, four times, and called her superior once, the last call was made last week. Her superior said "I'll get right back with you," and I haven't heard from him since. The therapy office is open 7 days a week 8 am- 8 pm.

I am fixing to compose a letter to the therapist and state I have attempted to contact her four times, with no response, her lack of response is evidence of her alliance with X, and should she not respond I will take that as confirmation and request (through the courts) the child seek a new therapist with a neutral frame of mind.

Any suggestions? Should I tell the therapist that I am going to request a new one should she fail to respond or would that be viewed as a threat?

The order in effect states timesharing should be EOW, for 3 hours, one hour before the child's therapy in my town of residence at a McDonald's, 2 hours afterwards, in mother's town of residence at a destination to be chosen by Mother. Also it states that no other parties shall be present during the timesharing except the parents and the child.

Sunday's are when the timesharing occurs. Today, we had the timesharing in my town of residence prior to the child's therapy. Mother supervises the timesharing, in both locations. Mother is obviously not able to be objective or neutral about the timesharing.

Today at the timesharing in my town of residence, the child (age 5) was whining and not wanting to play (it's at McDonald's play-place), and said that her Mommy loved her, my response was that Daddy loved her too. The child proceeded to tell me she didn't need a Daddy.

I contemplated terminating the timesharing, because of the child's attitude towards the time we shared together. I'd thought of giving her a choice in whether or not I should stay so we can play, or for me to go if she didn't want me there. I phoned my wife asking her opinion, she clarified for me that as a 5 year old child, she does not know what she wants, she's only mirroring the comments/attitude made by her mother and her family, and that I should remain in the timesharing until it's scheduled end.

I remained until the scheduled end.

Then at the timesharing scheduled to occur in the Mother's town of residence, the timesharing proceeded for 48 minutes, until Mother spotted my wife on the other side of the park (over 100 yards away) and physically removed the child, halting the timesharing. My wife traveled with me to the timesharing, and plays with our shared children during my timesharing. This was the second time my wife was present in the town of Mother's residence, for my timesharing. Mother's choice of location, a park where her co-workers do some sort of pretend "fighting," with other's in medieval costumes. Mother had knowledge of their presence, prior to designating the location.

I telephoned the state police, the office of Mother's town of residence. I explained the situation, the officer telephoned Mother, and Mother's version of the story is that by my wives presence, she was interfering with the timesharing. Mother failed to inform the officer that her co-worker friends were present within 5 feet of the playground area where the timesharing occurs, and Mother conversed with them throughout the timesharing. As expected the officer would not assist me in filing custodial interference charges.

This is the 7th timesharing that Mother had denied, 6 of them completely, this one partially. The first one April 23 of this year, and this one today, August 6. There's a hearing (summary hour) set for September 7, on my motion to modify custody and timesharing.

1. How do I get an emergency hearing to appoint a neutral party to supervise the timesharing (should the judge deem it still necessary)?

2. How do I get an emergency hearing to address timesharing?

3. Will the issue of timesharing denial be addressed or will the judge just let it slide, because the Mother is well the Mother and current primary custodian?

[medical]

Due to my ex-girlfriend's refusal to disclose pertient information regarding our shared child's health, I have to attain medical records from each facility my daughter has been assessed or seen on a patient basis at. I have requested (using SPARC's letter) it from her primary care, her allergist, her ENT specialist, her dentist, and the hospital from the town where my daughter resides.

I recieved medical records from her primary care pediatrician, and her allergist, the ENT and dentist I just sent the request today. I am assuming they will cooperate, only time will tell.

The hospital is refusing to disclose my daughter's medical records. In their response (June 28) they stated "I have spoken with our legal department and they have informed me that legally we cannot provide you with the material in which you have requested without the consent of her mother SInce your daughter is in the custody of her mother, we would need her consent in order to release her records to you."

According to NM Statutes that state "New Mexico
40-4-9.1. Joint custody; standards for determination; parenting plan.

H. Notwithstanding any other provisions of law, access to records and information pertaining to a minor child, including medical, dental and school records, shall not be denied to a parent because that parent is not the child's physical custodial parent or because that parent is not a joint custodial parent.

I responded to their letter quoting that statute, and have not recieved correspondence since. My assumption is that my ex-girlfriend has a friend/aquaintence that works there, since the town she lives in is quite small.

(1) What legal action can be taken to force the hospital to release the medical records that I am entitled to?

(2) Can the facility be fined for refusing to comply with the statues of NM?

New Mexico Jurisdiction

My ex-girlfriend appealed an order through the Court of Appeals. The Court of Appeals reversed the timesharing arrangment of that order, and remanded the issue of sole custody. Which was denied in the order she appealed.

Today I received a "MANDATE TO DISTRICT COURT CLERK."

It states and I quote:

"Cost Bill is assessed as follows: Appellant is awarded costs as follows:

Filing Fee: $125
Record Proper: $107.30
Total: $232.30

"

My wife and I are confused as to if it is my ex-girlfirend (Appellant) who pays these fees, or myself (Appellee) who pays these fees.

State of New Mexico

I requested a two month suspension on timesharing with my then three year old child. I consulted with my student attorney, and stated I wanted to suspend timesharing over the summer months, so my ex-girlfriend would be able to potty train the child. The ex-girlfriend's complaint was that the child was not receiving consistency in each house hold, re: potty training. He responded that a two month suspension would not be appropriate, however a more "solid," suspension would be six months; he also stated that if after two months the child was potty trained, that I would be able to file an order reinstating the timesharing.

Fast forward to six months after the order suspending timesharing was filed. I attempted to reinstate the timesharing, and my ex-girlfriend and her attorney stated that the child did not know me, and could not just restart the timesharing as it was prior to the suspension order. I agreed that it had been a long time, and that I would agree to an integration schedule with the child. However my student attorney and my ex-girlfriend's attorney were not able to reach an agreement on my and my ex-girlfriend's behalf.

Four months later, still no agreement, and we returned to court over the issues. The judge ordered a integration schedule which entailed me seeing the child every weekend, one hour in my city, and the next weekend in my ex-girlfriend's town for 2 hours, supervised by my ex-girlfriend. Also ordering the child to attend play therapy. During this time, my ex-girlfriend called CYFD on myself and my wife multiple times with a varying allegations, all which were unfounded and cleared by CYFD. My wife and myself decided it was in our shared children's behalf that we separate, and remove them from the "playing field," for my ex-girlfriend to use as weapons against me.

My wife moved to Texas to be with her Father, and other family members. During our separation, my wife had begun dating another man. She assured me that if I were in Texas that we would be alright in our relationship. I moved to Texas very shortly thereafter, abandoning the integration schedule. The next month my ex-girlfriend filed for sole custody of the child. The hearing for that motion was scheduled for four months after the motion was filed.

At that hearing, the judge denied my ex-girlfriend's motion for sole custody, and awarded myself one overnight every other month, to occur at my mother's house, two hours from the child's primary residence. During that hearing my ex-girlfriend's attorney said that myself and my ex-girlfriend had "communication," problems and because of that she (ex-girlfriend) was unable to make decisions regarding the child. The judge awarded her the "right to make all day-to-day decisions regarding the child," to relieve her complaint of decision making. Unfortunately my ex-girlfriend's attorney was not satisfied with that, and complained that they child would be "severely traumatized," if he chose to order one overnight every other month; the judge stated that if she didn't like the decision that "that's what the Court of Appeals is for."

My wife and I moved back to New Mexico the month after that hearing occurred.

My ex-girlfriend's attorney took his advice and appealed the order, and the timesharing of one overnight every other month was reversed, and the decision on sole custody was remanded. My question is:

After the court of appeals reversed the order, and it reverted back to the prior order allowing me to see the child every weekend, in the two different cities. My ex-girlfriend is attempting to modify the order to where both timesharing events occur on the same day, in the two different cities. The order clearly has the two events dated with the dates for the events to occur, a week apart, not on the same day.

1. Can she modify the order without my agreement on the premise that she needs a weekend to herself to schedule events for the child?

If you would like to view the order for clarification, I would be obliged to e-mail it to you.

My ex-girlfriend filed for sole custody when I moved out of state for a short period. The judge denied her motion, and granted me one overnight every other month. She appealed.

The Court of Appeals has filed a "Notice Proposed Summary Disposition," which they say her (ex-gf) burden is a heavy one to have this decision reversed/remanded. Theevidence she brought forth in her docket statement, was not sufficient. They propose a Summary Affirmance.

We have 20 days (from 1/31) to file a memorandum telling the Court any reasons this proposed disposition should or should not be made.

I have attempted to write a memorandum, but I don't have the skills to do so, I'm pro-se.

I wished I could show you what I have, but since this is a public form, I do have reservations.

Would not responding be bad? If so, how can I do this and file it by tomorrow?