To Compel or not?

[JT]

Soc, thanks for your help. A question for you. I currently have temp custody pending a court ordered Psych/Custody eval. The STBX has not cooperated and only went to one meeting with Psych, and will not return his phone calls. I have completed everything but home visit(next week). Should I file a motion to compel to make her finish eval? Or will judge still use one-sided eval? Thanks, and happy holidays!! Hope you get your candy! Thanks, JT

[JT]

Sorry Soc, I'll reword my questions below.

 I currently have temp custody( since April 2003)  pending a court ordered Psych/Custody eval. The STBX has not cooperated and only went to one meeting with Psych, and will not return his phone calls. I have completed everything but home visit(next week). We are in Florida.

1) Should I file a motion to compel to make her finish eval?

2) Or will judge still use one-sided eval?

Thanks, and happy holidays!! Hope you get your candy!

Thanks, JT

[socrateaser]

>1) Should I file a motion to compel to make her finish eval?
>
No. If she fails to do as ordered, she will look bad, and the court may hold her in contempt on its own motion.


>2) Or will judge still use one-sided eval?

If you offer the evaluation as evidence, then the court will almost certainly accept it as showing your good faith, and simultaneously infer from the mother's failure to undergo the evaluation that she is not acting in the child's best interests, therefore you will be awarded primary custody.