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Ex Refusing to give name of treating therapist

Started by Troubledmom, Mar 23, 2005, 09:58:21 PM

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Troubledmom

State: California
Joint Legal Custody

There are current custody orders in place where in it states:
"The father is obtain mental health treatment for the minor children. Mother is to participate in the counseling sessions with the children."

These were made orders in 2003. The children briefly saw a therapist in early 2004. When I made contact with the therapist and showed her the court orders he pulled the children from that therapist. The reason he gave the therapist was he couldn't afford the co-pays. The children said it was because she was going to make him follow the court oders.

About 3 weeks ago, I was told by the children that they were seeing a new therapist.

I have made 5 seperate email requests and a certified letter request for the name address and telephone number of the treating therapist. He has ignored 4 of the 5 requests.

I recieved an email tonight after the 5th request that states "I will provide the information when it is appropriate."

Now for my questions:

1. In sharing joint legal custody is it his responsibility to provide that information, especially after a request for it?

2. Since the court orders state that I am to be involved, would this constitute contempt?

3. Is there any plausible excuse he could give the court for failing to provide the information that would stand?

Your help is greatly appreciated

TM

socrateaser

>1. In sharing joint legal custody is it his responsibility to
>provide that information, especially after a request for it?

You have a legal right, in CA, to obtain records from the therapist directly, and independent of the other parent.

>
>2. Since the court orders state that I am to be involved,
>would this constitute contempt?

Maybe, but the judge is gonna want to know what you've been doing for almost two years. Obviously, this hasn't been much of a big deal or you would have demanded action during the first month.

>
>3. Is there any plausible excuse he could give the court for
>failing to provide the information that would stand?

You're not gonna get a contempt, based on the facts that you've presented thus far. Maybe I'm not understanding the whole story.

Troubledmom

perhaps this is the better way to have worded this whole saga:

Approximatly 3 weeks ago, my children informed me that they were seeing a therapist. The children said they do not know the therapists last name. 5 seperate attempts to obtain the information from the other parent resulted in no response until the 5th request. The response at that time was "I'll tell you when it is appropriate".

Question:

What would be the quickest legal way to compel the other parent to disclose the information?

TM

socrateaser

>Question:
>
>What would be the quickest legal way to compel the other
>parent to disclose the information?

Tell the other parent that unless you are provided with the information within the next 48 hours that you will file a motion for contempt.

This assumes that the actual text of your order would permit a contempt order on the basis of withholding information about a healthcare provider.

Post the order re healthcare.