Messages

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?

If she sees the recording device, she will terminate the timesharing immediately. In fact when she left the timesharing on Sunday, she said "I don't know who it is, I don't need to be watched." Indeed she did know who it was, because my wife was there the prior timesharing and was making snide remarks about her to our child.

I really wished that if she chose to have the timesharing supervised, that it would have been ordered to be done by a professional, or a neutral party. I think the judge was attempting to do it without there being a fee involved.

This is a vicious cycle.

...unless you've been recording these visitations so that you have some evidence of the other parent's failure to cooperate and facilitate.

How would I record the visitations? Video, audio?

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?

If she sees the recording device, she will terminate the timesharing immediately. In fact when she left the timesharing on Sunday, she said "I don't know who it is, I don't need to be watched." Indeed she did know who it was, because my wife was there the prior timesharing and was making snide remarks about her to our child.

I really wished that if she chose to have the timesharing supervised, that it would have been ordered to be done by a professional, or a neutral party. I think the judge was attempting to do it without there being a fee involved.

This is a vicious cycle.

...unless you've been recording these visitations so that you have some evidence of the other parent's failure to cooperate and facilitate.

How would I record the visitations? Video, audio?

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?

Awesome! :D

Thanks Soc!

I can scan a motion, and email it to you. Let me see if I can paste the most recent motion (to compel).

SECOND JUDICIAL DISTRICT COURT
STATE OF NEW MEXICO
COUNTY OF BERNALILLO

,
   Petitioner,

v.                     No.

,
   Respondent.

PETITIONER'S FIRST MOTION TO COMPEL
DISCOVERY FROM RESPONDENT

   COMES NOW Petitioner, pro-se and states:
   1.   This Court has jurisdiction over the subject matter and the parties.

   2.   Petitioner propounded his first request for discover by mailing Petitioner's First Interrogatories & Request for Production of Documents to Respondent's counsel of record, at her address of record June 6, 2006, as evidenced by the Certificate of Mailing filed June 6, 2006.

   3.   Respondent answers were due to Petitioner on July 14, 2006, but nothing was provided by Respondent or her counsel to Petitioner by that date.

   4.    Respondent has wholly failed to respond and has provided no responses to Petitioner's First Interrogatories & Request for Production of Documents to Respondent.

   5.   Respondent has not sought an extension of time in which to respond.
   6.   The questions in the tendered discover and the answers thereto are material and relevant to the remaining issues in this case.

   7.    Respondent should be ordered to immediately provide the requested information and discovery sanctions should she fail to comply, including but not limited to imputing income to her at a level against her interest.

   8.   Concurrence was sought from Respondent, with no response.


   WHEREFORE, Petitioner prays that the Court:

   A.   Order that Respondent produce all documents in response to the tendered discovery;

   B.   Order any other discover sanctions against Respondent deemed appropriate in the circumstances;

   C.    Award all other relief to Petitioner allowed by law.


                     Respectfully submitted;


                     ______________________________
      

Let me know if you want it in word format, or in adobe if this doesn't work. :)

What would I need to include in the order, should I request a hearing as well? We are pro-se, so whatever has to be done, has to be done by me. I can't find any Motion to Clarify examples online.

I would request that the mother sign a consent form, however none has been provided by the facility, could I just type one up?