Trying to prevent visitation

[tulip]

My DH has physical custody of 2 children. BM had custody until Dec 2003. At that time, the kids were spending more time in our home than hers, and in court, they agreed on joint physical custody.

In April, dh and bm were back in court because the joint custody was not working. By that time it had come to light that bm was a meth addict, and dh asked for sole custody. The judge set a new hearing date for May, granted dh temp custody, her every other weekend and Tuesday eves and ordered them both to take drug tests that day and random ones until the next hearing.

BM tested positive for meth 3 times, then quit taking the tests. She signed a stipulation granting dh sole permanant physical custody 15 minutes before the hearing to avoid appearing in front of that judge again. The stipulation did not mention visitation, and atty informed us after they had both signed and she left that visitation would go back to the last order.

1 1/2 weeks ago, dh filed an OFP against her after she forced her way into our home and refused to leave until the police came. She has threatened to kill dh and me, and has been harassing us and stalking us continually. She checked into treatment a week ago, and checked out 3 days later.

Tomorrow dh is filing for a change in visitation, asking for supervised visiation on the basis that he feels the children are in danger in her care because of her drug addiction and erratic behavior. We don't believe he will be able to get a family court date until after the OFP hearing.

We are all in MN.

1. How can we get a copy of the drug test results to support his OFP motion?

2. Can we get her treatment records to support his motion?

3. If the OFP is dropped, is dh justified in denying her visitation until the family court hearing?

[socrateaser]

>1. How can we get a copy of the drug test results to support
>his OFP motion?

Serve a Reqest for Production of Documents. If she doesn't produce, then attach a copy of the request to the motion, and state that she has refused, and change your motion to include a motion to compel production. That way, she will have to simultaneously deny that the documents exist, and why she won't produce.

Ultimately, you may need to subpoena the documents from the facility where the tests were done.

>
>2. Can we get her treatment records to support his motion?

See #1.

>
>3. If the OFP is dropped, is dh justified in denying her
>visitation until the family court hearing?

NO. If the court doesn't find sufficient cause to maintain the protective order, then it doesn't believe that the mother is a danger to the child.