In a bind...

[Sunshine1]

A couple of weeks ago, BM attacked me (SM) and both of us were charged and both of us obtained TRO's against the other. (both have attorneys) Everyone in MN; DH retains custody/50 legal.

At the hearing for the TRO it was agreed upon (outside of court) that BM would provide documentation from BM's therapist/psychologist to show that she was mentally capable to take care of the children while in her care since her recent outburst and a report written last Feb 04 that was given to us in June of 05 which had to say the least very "disturbing" multiple diagnosis'.

In these diagnosis it said very boldly (and to shorten it up) that she was unable to drive her children to school without panick attacks, unable to function in a work environment even with simple tasks, and she is unable to cope with daily living skills.  Since being provided all of this information it has been a nightmare.

Well the letter came today and the pschologist had no problems with her being around children even though she is aware of this recent event and is being charged, she still has no reservations about her being around the children unsupervised.  

There are so many little things that I could go into but simply do not want to bog you down with them. (Will provide if needed)

This doctor has not seen her or treated her since March of 05.

1.  Is there anything else we can ask for?

2. We asked for a "recent" collaboration of a medical diagnosis.  She hasn't seen her since March and quite a bit has happened since then, is it reasonable to ask at the next hearing for psychological testing for a more recent diagnosis?

3. Are we just up the river with this and must go on until she hurts one of them?? :)

As always thank you!!

[socrateaser]

>1.  Is there anything else we can ask for?

You could simply "notice" the mother for a psychological eval from a professional that you hire to evaluate her condition in rebuttal to her own therapist. Her attorney may object, but you have relevant grounds, i.e., the mother has exhibited signs of violence and diagnosed instability and you should be entitled to ensure that she is not a danger to the children. You don't need to subpoena the mother, because she's a party to the case.

Or, you can ask the court to order it in advance of notice and appoint a neutral evaluator -- it's up to you.

>2. We asked for a "recent" collaboration of a medical
>diagnosis.  She hasn't seen her since March and quite a bit
>has happened since then, is it reasonable to ask at the next
>hearing for psychological testing for a more recent
>diagnosis?

See above.

>
>3. Are we just up the river with this and must go on until she
>hurts one of them?? :)

Perhaps, but the Mississippi is just a tiny stream in your neck of the woods.