Can we request on ex parte....help ASAP

[dipper]

I posted on Soc's forum, but just incase he doesnt get back on this evening.....I have a question I need answered fast!!

My ss wanted to live with us....hearing in January 2006.  GAL was fine with this as he had checked out our home.  He didnt recommend one house over the other...he only talked to the mom once for about 30 minutes....but, he was fine with this move.

SS told the judge he wanted to live here.   SS had also taken out a domestic abuse charge against his mother for slapping him across the face -she did this in our yard, and it was completely unwarranted.....

At any rate, the older judge (first time he had seen this case) decided that ss was manipulating where he wanted to live.  He said the slap was probably necessary and that all children deserved to be slapped sometimes.  He ordered for ss to remain with BM.

Judge also ordered ss into counseling. This was to be picked by GAL, but the BM has already started this without input from GAL.  She has been using these sessions to lie about dh- we got the notes and sent a correction to the 'social worker' (actually) yesterday.

Okay..court was in January.  IN February, ss came home one evening and they had been kicked out.  They had to leave then..and that weekend his mother had to have an escort to go back in and move their stuff.

She has violated the court order numerous times,  interfering with visitation, timing phone calls, etc...since January. WE have letters that express her intent to continue in this behavior.....

AFter being evicted in February, they moved in with her parents and adult gay brother, who moved in because he and his friend had broke up.....and ss has to sleep on a sofa in the living room.  They live in a different county now.

BM notified school of move and they warned that if ss continued to cause problems, he would have to go to the other county.  

He got kicked out of school today.  Note:  He was kicked out of school and sent to an alternative school last year in March!  HE now has to go to a school that is totally new to him.

DH wants to know if he can request an exparte hearing on the grounds that in three months, ss and BM have been evicted and now he has to go to a different school?

If so, can I type up some sort of motion with grounds for the request to be attached to the motion?



Note:  SS was in school in our county until bm moved two years ago.  Never had significant trouble in school until the move.  he has friends, a cousin, and a stepsister in his grade here......much easier transition....

[reagantrooper]

How old is this Boy? I am guessing 14 - 15!

[dipper]

He is 14.  He has had behavior problems for years...but, never more than one or two incidents in any given school year until the move two years ago.  HE was well behaved with us last summer.  

WE did try to get him counseling 2 years ago ourselves, but that was met with the BM's manipulating....she would not let us take him to sessions, she was sitting in on sessions, had counselor believing she was all for it - behind her back fussing and raising cane to dh and ss about it, took ss to the medical evaluation and neglected to inform the doctor it was for behavior problems.  finally, ss was getting worse and we decided he needed an actual psychologist and pulled him from that...Got him into a psychologist.  BM refused to take part and convinced a judge it was not necessary.  Things have spiraled down since.

He is in court ordered counseling now, but she is manipulating that as well.  Blaming dh and I for all of his problems.  "problems became worse when father remarried."  NO mention of that is when she moved him two hours away and took him off of ADHD meds.

I know ss is responsible for his behaviors, but when he witnesses his mother standing in public screaming and cursing his father without any repercussions....and she violates the court order about visitation.....sets her own rules......and provides no discipline what so ever...he hears verbal threats against his father from different family/friends of hers...and...had to have a court order to provide counseling for him.....its easy to see why his problems are getting worse.