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Author Topic: Will BM see evaluator's report?  (Read 966 times)

littlebit

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Will BM see evaluator's report?
« on: May 25, 2005, 12:12:54 PM »
Evaluator's report just arrived at attorney's office this week.  It contains good and bad things about both parents, mostly just hearsay that each parent told the evaluator.  

But...the child's interview's were GREAT for Dad.  The main points are :
child gets punished by BM & SF for expressing desires to see and talk to Dad,
child is spanked excessively by SF,
child is very worried about BM finding out what he says to evaluator, child prefers environment at Dad's home.
Evaluator expresses great concern about the secrecy at BM's house,
and notes that BM has successfully decreased Dad's ability to participate in child's life and in decisions.
Evaluator further noted that Dad can provide a stable and healthy environment for child.

In light of specifics mentioned in the report, we are scared to death for what punishments child will suffer if BM gets to read the info.  DH's attorny says it is up to BM's attorney whehter she sees it or not

Is it normal for the parties to get to read the report?
Is there some way to keep BM from seeing it?



CustodyIQ

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RE: Will BM see evaluator's report?
« Reply #1 on: May 25, 2005, 01:05:23 PM »
Unless otherwise ordered by the court, it's my understanding that both parties are entitled to see the evaluator's report.

It's customary, however, the parties cannot copy or keep the report in their possession.

I can't imagine that it could get much worse for the child than what you outlined.  I would encourage you to perhaps talk with the child to help the child understand that BM is not to discuss it with child at all, and that child should let you know if he's hearing about it.  Then, it's further indication as to the truth of what the evaluator reported.

Things look bad for BM, per what you describe, so hopefully her attorney will strongly advise her NOT to accost the child and make her situation any worse.


onedaddy

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RE: Will BM see evaluator's report?
« Reply #2 on: May 25, 2005, 01:18:27 PM »
In our case, neither party was allowed to see the forensics report.  The attorneys, The gal and the judge all get copies.  The lawyers for each party can tell the other party about the report and leave whatever they may like.  
If you have a GAL ask that she approach BM's attorney before the lawyer fills her in on anything if it is not too late.  Maybe involve the attorneys through letters and such.  Your son may be afraid to trust anyone to tell them what is going on in the future if he gets punished for doing so.

Also, in our case BM ordered the evaluation but her lawyer never out the order in even though he requested to do so.  5 months later our attorney filed the order. The evaluation came back very very negative for BM and now she changed attorneys so they are tring to have the evaluation squashed stating it is now in debate and her previous lawyer gave her bad advise.

Unbelieveable!

Good luck!  

onedaddy

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RE: Will BM see evaluator's report?
« Reply #3 on: May 25, 2005, 01:18:30 PM »
In our case, neither party was allowed to see the forensics report.  The attorneys, The gal and the judge all get copies.  The lawyers for each party can tell the other party about the report and leave whatever they may like.  
If you have a GAL ask that she approach BM's attorney before the lawyer fills her in on anything if it is not too late.  Maybe involve the attorneys through letters and such.  Your son may be afraid to trust anyone to tell them what is going on in the future if he gets punished for doing so.

Also, in our case BM ordered the evaluation but her lawyer never out the order in even though he requested to do so.  5 months later our attorney filed the order. The evaluation came back very very negative for BM and now she changed attorneys so they are tring to have the evaluation squashed stating it is now in debate and her previous lawyer gave her bad advise.

Unbelieveable!

Good luck!  

 

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