Tort question

[4honor]

Background:

State is WA. Court order in place for counseling of SS (not done) signed October 2003 - see below for wording. Documents/journals admitted to court record as part of the modification to get the Temp order include many instances of SS being violent to DS1 especially.

DS1 & DS2 (age 7 & 6 respectively) allege SS sexually abused them. No change in allegations since disclosure and no recanting on any matter. New allegation is that SS made DS1 "promise" not to tell, as SS would hate DS1 if he did. 7 yrs difference in age.

Joint Legal, BM CP/DH NCP.

Temporary Order Reads: (parenting plan was from 1994 & does not adress otherwise)

"The parties shall immediately select a licensed counselor who is experienced in working with children of SS's age who is covered by the parent's insurance. Neither parent shall interfere with the child's therapy and both parents shall cooperate wit the child's therapist including meeting with the counselor as requested. It shall be understood that SS's therapy shall be his "safe place" to talk.

Judge told BM to schedule individual counseling for SS from the bench. (still working on obtaining transcript of hearing). BM has not yet done so to our knowledge. SS says he went to one session of family counseling involving his mother and older brother (not DH's child). No EOB received, so not done with DH's insurance.

DH gave BM the names of three counselors who were covered by insurance and that he would agree to. BM has no insurance. No objection given for any of them by BM or her Atty. Atty has since walked, as BM has payment probelms with attorneys.

BM has failed to date to inform DH of the counselor's name. BM says she took SS to a counselor (not one of the agreed to 3) several times, but Dr. has not been able to reach DH. DH refers her back to the CO and asks, "which of the 3 covered by Ins?" BM does not answer.

QUESTIONS:

1) Does the inherent ambiguity in the order's wording leave too much leaway, therefore making it unenforceable for contempt or other purposes?

2) if the wording is reviewed for the intent of the parties, it appears that the order intends for SS to be ordered into counseling and that each parent do what must be done to make that happen -- as a parent over 100 miles away does that leave DH "liable" for it not happening, even though DH only gets w/e 6 PM Fri to 5 PM Sun?

3) Or does this create a presumption that CP must schedule the therapy, once a counselor is agreed to?

4) Since these allegations have come up, we are incurring costs for DS1 & DS2's counseling. Based on the BM's knowledge that SS required counseling and has not scheduled even one session, does that leave her "liable" to a finding of negligence as well, should SS be found guilty?
  4a). or just SS and thereby BM by the relationship as his parent?

5) it appears BM is spreading word around her town, at her place of business, that I am dishonest and I made up the allegations to get custody of SS from her. Does that open her up to a slander suit? (after all, my job depends on me having a good rapport with law enforcement and other professionals all over the state.)

6) would a cease and desist order be of any use in the case of #5?

7) I can donate a gemstone necklace for your "fee"; What kind of semi-precious stone would the woman in your life like?  ;)

[socrateaser]

>QUESTIONS:
>
>1) Does the inherent ambiguity in the order's wording leave
>too much leaway, therefore making it unenforceable for
>contempt or other purposes?

Failing to provide the contact information for the counselor after being ordered to cooperate is not an ambiguity. It's contempt. Send certified letter demanding info within 5 days or file. Game over.


>4) Since these allegations have come up, we are incurring
>costs for DS1 & DS2's counseling. Based on the BM's knowledge
>that SS required counseling and has not scheduled even one
>session, does that leave her "liable" to a finding of
>negligence as well, should SS be found guilty?

Proving that "but for" the parent's actions, the child would not have run afoul of the criminal laws is nearly impossible to prove. This is a non-starter without some VERY credible evidence.

>5) it appears BM is spreading word around her town, at her
>place of business, that I am dishonest and I made up the
>allegations to get custody of SS from her. Does that open her
>up to a slander suit? (after all, my job depends on me having
>a good rapport with law enforcement and other professionals
>all over the state.)

You must be able to prove, that it is more likely than not, that (1) defendant made a false and (2) defamatory statement, (3) published to a third party, and (4) that you suffered actual damage as a consequence.

If you can prove, from a disinterested third party, that your ex told that person that you were dishonest and that you falsified your testimony to obtain a superior outcome in a court proceeding, then that would prove  #1-3. However, in order to get damages, you must prove some actual injury (lost economic opportunity, unwarranted investigation by a licensing board, etc.).

I don't have enough facts to analyze further.

>
>6) would a cease and desist order be of any use in the case of
>#5?

Gag orders are not easy to get, unless you can prove the past behavior. You would need clear and convincing evidence, because you are dealing with a freedom of speech issue. Otherwise, you are asking for "prior restraint," which is barred by the 1st Amendment.

>7) I can donate a gemstone necklace for your "fee"; What kind
>of semi-precious stone would the woman in your life like?

Huh? Who cares what she would like -- I like black or blue fire opal! U R 2 QT!!!