Psych Eval and Visitation

[JT]

Hello, I have a question for everybody. I am in the middle of a looonnnggg custody battle for last 2 and 1/2 years. I have temp custody of our 8 year old son. We did Custody eval and it came back stating mother needs extensive pyschotherapy. It states if she does not it may eventually cause harm to son. She has EOW and 1 night a week visitation. It does state that if Psychotherapist eventually agrees with PArent Coordinator she could get additional visitation up to 50/50. My question is what happens if she refuses to attend pschotherapy? Also, does this take effect from right now, or not until after final trial? My concern is that the Psych eval states she can have negative effect on child if she does not attend psychotherapy. Our son attends therapy now and his therapist is really concerned with his mom and says she is practicing PAS continuosly. Thanks, RFLO

[Lawmoe]

A custody evaluation and the  related psychological evaluation may suggest to the Court what it should order. However, thre is no authority to require it to take place unless and until a Court orders that result.
Each party is entitled to a trial on the issue where they may present witnesses and exhibits, including the evaluators and their reports, allowing the Judge to issue an order after all of the evidence is adduced.  Only when that is done, will there be an enforceable obligation.

If your ex does not comply with that order, she may be in contempt, and, certainly, her parenting time or rights will not be liberalized further without her cooperation.