S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: Abuse - wait with counseling?  (Read 2003 times)

Kent

  • Global Moderator
  • Full Member
  • *****
  • Posts: 256
  • Karma: 23
    • View Profile
Abuse - wait with counseling?
« on: Sep 23, 2004, 10:15:09 AM »
Dear Soc,

Week-to-week shared physical, I have sole legal custody.
Ex filed false allegations, that didn't fly with the GAL, out-of-court settlement with unchanged custody expected within 2 weeks, or court in October.

Since about 3 months my 8 year old child is reporting that my ex
a) leaves him by himself at a public skate board rink/ramp for more than an hour while she goes shopping,

b) turns her wedding band with the diamond to the inside before she hits him (and his half-brother) until he cries (no marks found though),

c) she and her hubby regularly get into physical fights in front of him.

d) next to a good portion of PAS, she calls him names ("asshole", for example) when she gets upset with him.

However, this is all his words (he's usually very reliable), there is no proof. My son now starts to show aggressive behavior as well, and is obviously upset.

My atty wants to bring this up to the GAL with court (possibly) coming up in October. However, the GAL (neutral so far) has in the past told me that as long as nobody gets hurt, she doesn't want to hear about anything or any allegations, and has ignored previous (less severe) reports from my son.
The GAL also told me that she will look very unfavorable on me putting my son in therapy, which he clearly needs.
OK so far, we can wait until after the settlement / court.

Question:
After court, I want my son in therapy. (IF my son reports same issues to therapist, therapist is required to report to DFACS).
Do I need to inform my ex about the therapy? She will do anything to influence him.

Is it advisable to inform the ex?

What else can I do to bring this to the court's attention, since the GAL is not willing to listen to it?

Thank you so much in advance!

Kent


socrateaser

  • SuperHero
  • *****
  • Posts: 5728
  • Karma: -2
    • View Profile
RE: Abuse - wait with counseling?
« Reply #1 on: Sep 23, 2004, 10:29:53 AM »
>Question:
>After court, I want my son in therapy. (IF my son reports same
>issues to therapist, therapist is required to report to
>DFACS).
>Do I need to inform my ex about the therapy? She will do
>anything to influence him.

You have sole legal, so you don't need to tell your ex anything, unless there are specific orders to the contrary.

>Is it advisable to inform the ex?

I don't know your ex. ;-)

>
>What else can I do to bring this to the court's attention,
>since the GAL is not willing to listen to it?

Tell the court in a brief, and orally of your concerns. Tell the judge that the GAL has concerns about therapy for the child, and you don't understand why. Keep your eye on the ball (the kid). The judge can't ignore your good intentions.


InTheMiddle

  • New Arrival
  • *
  • Posts: 39
  • Karma: 0
    • View Profile
RE: Abuse - wait with counseling?
« Reply #2 on: Sep 24, 2004, 05:09:50 PM »
We had the same situation-----but with an interstate divorce.

I found out that police records are public property.  You can ask for a copy of police records on any address of any state, but not a person.  Police records include 911 calls.  Most of the time it doesn't cost you anything.  The person'a name who lives at the address are in the police records!

I found 50 police reports of domestic and child abuse on the BM.  All were admitted into evidence in the custody hearing---which is amazing!!!


Good Luck!!!

SLYarnell

  • Jr. Member
  • **
  • Posts: 106
  • Karma: 0
    • View Profile
Soc, Is this the case in California?
« Reply #3 on: Sep 24, 2004, 10:22:09 PM »
I asked for a police report on a specific person and was denied.  Would it work to ask for the address of the incident?  I had a case number and everything.  I was told by the sheriff's dept that since I wasnt the criminal or the victim the report wasnt accessible by me.

SLY

socrateaser

  • SuperHero
  • *****
  • Posts: 5728
  • Karma: -2
    • View Profile
RE: Soc, Is this the case in California?
« Reply #4 on: Sep 25, 2004, 09:57:03 PM »
>I asked for a police report on a specific person and was
>denied.  Would it work to ask for the address of the incident?
> I had a case number and everything.  I was told by the
>sheriff's dept that since I wasnt the criminal or the victim
>the report wasnt accessible by me.

Subpoena it.


 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.