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>I have a recent court order whereby the judge ruled in my
>favor that I didn't have to produce certain documents such as
>my checking account statements thru discovery, mainly because
>I'm the custodial parent.
>
>That being said my ex's atty has ignored the court order and
>ruling and has sent subpoena's to my banks to try to get this
>information. What can I do to this atty for breaching and
>violating a court order? how will this affect my ex's case in
>her attempt to try to regain custody that I've had for 9+ yrs?
>How will the court see her's atty failure to comply with the
>order and leave it alone?


First I would go to the banks and give them a copy of the judges order. What I'd like to know is how this lawyer was able to get a subpoena when the judge's court order said they can't have this info? Sounds like something underhanded and probably illegal. I'd have my lawyer look into that. Sounds like contempt to me but I'm not a lawyer. It also sounds like a breach of ethics. Go to the barr association for your state and read the ethics section if there is something specificly like that I'd quote it and file a complaint with the barr. As far as it affecting your ex's  attempt to gain custody... who really knows depends on the judge, and what else she is claiming. That alone will probably mean nothing it was her lawyers actions not hers.

Usually (well at least around here) the judge filps to the back page where it says conclusions and recomendations and reads that. Since the eval probably was done for custody it should say something in that section like "there is no reason to believe ... would not be a good parent" or some version of that. Sometimes they recomend therapy or some type of assistance if they think you will need it.
When I had mine done I met with the doctor that did it and he explained it to me in detail. If some part of it is disputed by the opposing councle they call in the doctor that did it and they testify as to what that means because sometimes something might sound bad but really isn't.
Also in my state I can get a copy of any medical records for myself if I request it. They did however make me sit down with the doctor to explain it.

You have got to be kidding me! What mother in her right mind would allow that! Oh yeah the one who would have the pregnant 15 year old!
NO NO NO I'd never allow that!

Thanks for your story. There is only one child in question a 9 year old. The mother is not physically abusive unless you consider the fact that in the two years she had her she has gained 65lbs taking her up to 197 and we were working on getting her excercise and proper food and she was doing well. She now has a number of medical problems related to the obesity.
The mother is overly lax in her parenting hence why the kid went along with all the stories mom tells her to say to the social workers and therapist. Every time she tells a tale of abuse she gets something new. I think the kid plays the mom for sympathy as well and she might actually at some times mean well she is just dumber than a pile of doggie do-do. Actually in all this I am not sure how much is mom and how much is the kids doing.
On the other hand I have 4 kids (from my first marriage) and we have one child together. The 4 older kids have been subject to these cps cases and we don't want our five (I say our cause my first husband died and he treats the others like his own flesh and blood) to end up being pulled into the system due to this child and her mother pulling crap basically for attention. If he is removed from the situation yes the child will have to listen to trash talk about her dad, yes there will still be drama but not as much.
It really pains me to see a man who is such a good father be cut out of his childs life but he sees no other option for the good of ALL the kids. I have been the one who has pushed him this far and just these last few months has he been getting supervised visits with her consistantly. But the crap is still going on just the supervisor can now say no didn't happen. And yes many times she had to.

The fighting and the damage done to the kid is so bad and has been tied up in both family court and the juv circut court for 2 1/2 years and no end is really in sight and the kid is 9. There have been a laundry list of accusations from dv to child abuse all this time and they get increasingly worse each time with the child thrown in the middle which cannot be good for the child.
So the Dad is getting ready to basically walk away from visits pay his cs and wait for the kid to come back one day on her own. People that know dad and the ex wife are saying he is doing the best thing in an awful situation and although it may be true I (the s/o) see that this is tearing him appart and I'm afraid it might be a mistake. My job here is just to support his decision and I've seen what he has been through. I'm wondering if anybody else had to throw in the towel for sanity sake of everyone do you regret it? Would you do it over again? What is the best advise you can give. What else can be done when things get this bad?

the most commonly linked with pas is boaderline personality disorder but I have also seen mention of bipolar. Think is some otherwise "normal" people have been known to alienate thier kids from the other parent so even if the psych eval comes back normal doesn't mean isn't doing it nor does it mean she is.

This really does sound like a case for cps to get involved in. You need to call and make a report. And if your daughter calls again because she is sick and home alone call 911 and ask for a welfare check on the child. You put yourself in a rough spot becuase your daughter did call you and you can't necessarly pick her up but you should have reported it.

Since the court order says taht you get the child every third Friday you can try to call to say you will be picking the child up at x time on friday if she doesn't return the call or will not answer show up. If she will not hand over the child with the court ordered parenting plan in hand go to the police the police will probably tell you there is nothing you can do except take her back to court but get a report from the cop saying what went down. Once you have reports saying that you showed up and she would not hand over the child THEN take her to court you now have legal proof she will not allow you to visit and she is in contempt. If you have no proof she can say "well he didn't call" or "he never showed up" and it is just your word against her's. It seems in court it isn't about what happend it is about what you can prove happend. She can also claim you showed up at her home and harassed her or threatend her but if you have a police report saying what happened she cannot lie and say something that didn't happen did.

We are walking on this road too! What you can do is have put in the parenting plan that she cannot use a 3rd party (cps cops) to harass you. Also in the parenting plan we have it is specifficaly spelled out that if either party files false dv charges, false abuse neglect , or false sex abuse charges that the person who filed can have thier parenting hours cut back. Read the plan carfully see if it is in yours then file to enforce it. Not sure what state your in but here in WV they just passed house bill 3065 which says that if dv or abuse/neglect charges are filed and found untrue that the person who filed them can get a fine and comunity service on top of losing custody time. Yeah it was that bad of a problem here they had to write a new law to cut down on it.

What specifically does the court order say. IF it says something like every 3rd sunday of the month from x time to x time dad has the child then she is in violation of the court order and you can get her on contempt. It all hinges on what the actual order says. If the court order is not specific then you need to go back and make it more specific by filing a change to the parenting plan.
See child support is a court order if you don't pay it your not following the order your in contempt and there are consequences for that. Same with the parenting plan she doesn't follow it she is in violation and there are consequences for that as well.