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Then I am left with one more question- on the subject of the fees, the court ordered that all fees be paid by the defendant(my ex).  So should not the fee for time go to her?  Any and all conversations were in direct relation to either our sons counseling or my ex's counseling- as both were court ordered and this person was going to be providing for both, at my ex's request.

Thanks for any guidance

I placed before the court recently a request that my son and my ex-wife attend counseling.  The court granted that request.  My son attended one session with the counselor and then the counselor refused to work with me, the father, and I was forced to terminate his services.  

About this time my ex advised me that our son had seen the same counselor approx. 3 years ago, without my consent.

We have joint- legal custody in the state of New Jersey.  In 2 separate motions the court has found my ex in contempt.  And ruled as follows

Plaintiff's(me) application to enforce litigants rights with respect to allowing Plaintiff and Defendant to have an equal say in all of the major decisions concerning the child's health, education and general welfare as per Paragraph 1.1 of the Property Settlement is GRANTED.

The question now revolves around the psychologist that our son saw once this year, court ordered, and for some time a few years back.  I used the forms from the SPARC web site to request medical records from all docs.  All responded, with the exception of the psychologist.  A second request was made.  It has been over 3 weeks since the second request and today I received the following letter: (from the psychologist)

  I just picked up your certified letter on my day off.  I understand you believe your request to be simple and straight forward, but it is not.  First of all, I have spent already one and one half-hours on one phone call to you directly, two phone calls which you did not respond to my messages for information, reading two letters of yours, picking up a letter from the post office, and responding with this letter.  I anticipate record preparations for you will take two additional hours.  At my professional rate of $100/hr I expect a certified check of $350 to complete your request.  Or did you think this would be for free?  Secondly, your son expressed strong concerns in session that neither parent nor step-parents would have access to his clinical record.  Of course, to gain his cooperation and the truth I gave him my word I would not violate his confidentiality.  Therefore, your request would be a violation of my promise to your son and I cannot comply with you at this time.  Certainly, if you can gain his permission in written form I can comply with your request.  Without your son's cooperation I believe you pushing your rights further would suggest you are pushing your own clinical interests, not his.

Sincerely

XXXXXXXXX


The facts are child is 11 years old and was approx 8 or 9 at the initial session, which was without my consent.

The questions are
in New Jersey it is my understanding that the statute 9:2-4.2 provides the following:  Every parent, except as prohibited by federal and State law, shall have access to records and information pertaining to his or her unemancipated child, including, but not limited to, medical, dental, insurance, child care and educational records, whether or not the child resides with the parent, unless that access is found by the court to be not in the best interest of the child or the access is found by the court to be sought for the purpose of causing detriment to the other parent.

Is this accurate and does it pertain to psychologist????

Also, the New Jersey Division of Consumer Affairs lists, in their Psychologist REG section that
 (p46) A licensee shall prepare and maintian separately for each client a permanent client record

The psychologist has told me that he does not keep written records, is this possible and/or legal?

In this same document, under section 13:42-8.3 Access to Copy of Client Records it states:

For purposes of this section, "authorized representative" means, but is not necessarily limited to, a person designated by the client or the court...If the client is a minor, a parent or guardien who has custody(whether sole or joint) will be deemed to be an authorized representative.

...No later than 30 days from receipt of a request from a client or duly authorized representative, the licensee shall provide a copy of the client record and/or billing record, including reports relating to the client.

Based on this information the question here is DO I have the right, contrary to what the psychologist states in his letter, to request my son's records?  And doesn't he have the obligation to provide them within 30 days of the request?

 Finally it is my understanding that when the counseling is court ordered the right to any confidentiality is lost and the psychologist is responsible to explain this to the client, adult or child, as is the case.  Can you verify this also?


To date all that I have done with your guidance and that of your website and FAQ section has been very successful.  I am making headway in a highly volatile situation.  This psychologist is, I believe, lying and in conspiracy with my ex and perhaps fraudulently billing for hours not worked, etc.  So I want to have my facts straight when I go back at him for these records.  

Needless to say, my ex has not worked with me to find our son a new counselor and we have yet another motion pending to Enforce Litigants Rights- the third in 6 months and on each so far I have been granted each and every item, as I ask for nothing but what I have already been granted, I do not envision this time being any different.

If this doc is not adhering to the law, however, I need to know so I can obtain the needed records and obtain new and proper counseling for our son.

Any help- appreciated- Dad

 

The statement:

You MUST send a certified, return receipt requested letter following up with a rundown of the conversation for the record. If she refuses to sign for the letters, then this is your proof that she failed to adequately communicate.


IS soooo true!  The more documentation you have, the easier it is to validate your claims.(Otherwise it is all he said/she said).

I have at least 30 returned envelopes- STILL sealed- as court record now to validate my claim that CP refuses to communicate.  This went a long way to showing the judge I was not making false allegations.

Dot your i's and cross your t's.  

If you are not already- you must- and I cannot stress this enough- you must make record of every interaction you have with this person- use a calendar or EXCEL or WORD- but everyday- make entry- like a journal- to say DDMMMYY- I called CP and call was reg call  DDMMMYY- CP called me call was reg call discussed after school program DDMMMYYY- I called child and reg call, CP asked to speak to me and proceeded to talk to me in a disrespectful manner in front of child and discuss items of adult concern, etc etc etc

Also include DDMMMYY- I sent CP certified letter- USPS#123456789 at 4:42 pm from XYZ Post office

etc etc

All of this will allow you to have a timely record of events, we all know that memory can fade a situation and we all have an ability to recall things the way we 'would like them to be'

When you take careful notes- and document every interaction- you establish a record, which in many cases can 'possibly' be used in court but more importantly can ALLOW you to read over the events and look at the BIG PICTURE and see if there is a pattern, a trigger, or a behavioral issue...This can also allow you to see if you are revisiting over and over the same subjects with no resolution, or at same time of year- i.e. does CP always bring up certain issues in late FEB when you are in the midst of making plans for Spring Break visitation, or in mid MAY when summer is just around the corner...

So in summary-

1- keep records
2- follow every letter of protocol as to how to communicate and record that communication by way of the USPS (be careful FEDEX overnight- IS NOT treated in most courts the same as USPS- check your laws)
3- get your decree cleared up- and as one lawyer told me- to change custody is a huge undertaking that a court will NOT enter into lightly- do all of this other work first and UNLESS your child is in IMMINENT THREAT of INJURUY/HARM do not believe for one minute that any judge is going to just SWITCH custody, because the CP did you wrong, or did not follow court orders--- 10, 20, 30 contempts and often no order to change would take place....GET YOUR DECREEE CONDITIONS spelled out- there are some good suggestions on this website and others for how to do so-

Keep the FAITH- and GOOD LUCK!  

Ultimately this is about saying to your child I NEVER GAVE UP ON YOU- despite the roadblocks others placed in my way I never gave up-

They will grow into adulthood one day and they will understand- you have to have faith in that fact.

Good Luck

You need to get the conditions straightened out- right away- this will never end, if it has begun- and as long as you have no order- and she has child living with her- all enforcement will be in her favor and you will be forced to 'explain' why you 'deserted' your child.  (even if this is not the case!)

Do not cancel that ticket- you submit it to court - rather- when child no shows the flight you submit it , along with WRITTEN letters showing you notified her of date/time of flight, and show her willful disregard for the courts intent (visitation)  You ask for full reimbursement and COMPENSATORY time with your child- (In my case mother refused to write down flight info- refused to answer fone- and had child call and say I don't want to come- COURT ordered her to repay all monies, plus cost and full additional 4 weeks the following summer!)  It does not have to be a case of her controlling your child's future- but get this all straightened out right away--- and ALWAYS remember child support/arrears/ etc etc  ARE and ALWAYS SHOULD be seperate issues from visitation!   You can no more refuse to pay if you do not see child then she can refuse you visitation if you do not pay!  

Good Luck-