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Can I ask at this point?

Started by Imom, Mar 22, 2007, 11:07:34 AM

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Imom



I filed for Custody of my child (age 9) Tuesday since then my ex has threatened to leave the state with the child. So I am filing a motion to restrain him.

The issue I am having is in 2005 as we were divorcing we jointly sought psychiatric and therapeutic counseling for the minor child  after years of exulting behavior that included, but not limited to, un-controlling outburst, behavior, stealing, terrorizing other people/children and homicidal threats. (which is all stated in the record)

Our son went to about 5 visits, during that time he moved in with my mother and was doing well, when the therapist stated the child should remain with my mother my ex removed him. Our son had only continued to get worse, when we were told by the therapist he needed in-treatment my ex would not allow any further visits.

So he has gotten in trouble at school to the police. This year the school required we seek treatment and my ex and I with child went a few weeks ago but my ex failed to show at the follow up.

I find out today that he does not plan to take him back because I "talked" to the therapist behind his back.  We do have joint legal.

I asked for an enforcement of the therapy in my motion for custody but I did not ask for a Temp. Order because I didn't think my ex would pull the child out as the school was involved this time.  Today our child states he was going to kill himself.

1. Can I go ahead and ask for a Temp. Order for the therapy due to the fact the father stated today that he will not be taking him back and the child stated he is going to kill himself?

2. If so can I ask for it in the same motion asking to the restraining order or should I file two separate motions.

notnew

File a separate motion. This is an entirely different issue. However, request that in the interest of saving the court's time and everyone's involved, that both motions be heard at the same hearing.

I hope you are filing these ex-parte and/or pendente lite.

Not a lawyer - JMHO

williaer

If your child said he was going to kill himself- you need to take him to the police, emergency room or local emergency mental health agency. It is your responsibility as a parent to protect him from himself.

Imom

The father is refusing me any contact. The police have done a check and my son denies stating that we would kill himself.