Evaluation question! Thanks!

[pickupsticks]

Overview: I have joint legal and physical custdody of my child. Over summer my child informed me of some sexual abuse that took place in her mother's house with her half brother. I took our child to  child and family services and they did forensic interviews,counseling and recommended I  seek custody. I found a lawyer and did just that. Below is what the court ordered and I have questions about it:

For purposes of this temporary award, the Court finds additional evidence to be necessary. In doing so, the Court finds it appropriate to remand the child back to the custody of the initial award, which was granted to Defendant, under the following circumstances.
  The Defendant is ordered to take the child for evaluation and/or counseling as recommended by (my states) Department of Family and children's services. Said evaluation/and or counseling shall be under the supervision of (ex state) Department of Social Services.
  Upon completion of the evaluation, copies of the report shall be provided to both counsel,and both parties are ordered to sign such documents as are necessary to authorize release of these reports.

QUESTION 1) Mother said she took daughter to her states's Family and Children's services 10 days after our hearing and they closed the case.
Is that the evaluation that our judge was seeking or was he recommending a true custody evaluation outside of family services?

Question 2) Her states Department of family services will not release any information to myself to see what they determined. They did not receive the papers from my state until October and the meeting with her state took place in August. How did they even know what was going on?
What do I do next?

[socrateaser]

>QUESTION 1) Mother said she took daughter to her states's
>Family and Children's services 10 days after our hearing and
>they closed the case.
>Is that the evaluation that our judge was seeking or was he
>recommending a true custody evaluation outside of family
>services?

The court is looking for whatever FCS would recommend and report. Apparently, this result of the investigation is nothing. However, if you believe that FCS failed to consider certain issues only because they were not aware of the court order against the mother, then you should ask FCS to reopen the investigation based on that court order. If FCS believes that the outcome would change, then it will reopen, otherwise it won't, and that will be the end of your case, unless you have other evidence to provide the court that didn't exist at the time you moved for temporary orders.

>
>Question 2) Her states Department of family services will not
>release any information to myself to see what they determined.
>They did not receive the papers from my state until October
>and the meeting with her state took place in August. How did
>they even know what was going on?
>What do I do next?

You and your ex were both ORDERED to SIGN whatever documents were necessary for you to be provided with a copy of the FCS report. Find out what is required by FCS to get you a copy of the report, fill out the forms or whatever is required, give them to your ex, and ask her to sign. If she refuses, file motion for contempt.

[pickupsticks]

Thank SOC!!! You are an amazing resource.  So even though my states department of family and children's services said it was a very serious case, another state may not see any issues what so ever? I didn't initiate this, my FCS department made it out to be very serious and advised me to take it to court!!
Her state  said it was an isolated case however if they would have waited on the paperwork from this state they would have seen that there were other related issues in my state from when she lived here and it was not isolated. That's what I do not understand. Anyway....thanks for your advice.

[pickupsticks]

You are a GEM!!! Enjoy your vacation. Are you surviving?