father's visitation issues.. please advise

[cher bear]

My current partner has been dealing with serious parental alienation issues since he and his ex-wife split up. As of yet, the court has played completely ignorant to what I feel is very obvious. Here is the current situation, I was hoping someone might be able to offer some sound advice as to what his next move might be. At the time of my partners last court mediation, which was approx. 7 months ago, my partner asked the mediator for information about a 730 evaluation. Big mistake!! The mediator wrote up a recommendation that his visitation be 1st,3rd, 5th SUNDAYS ONLY, and every Wednesday after school until 7, until a 730 evaluation was complete, in order to investigate charges of parental alienation, as well as (false) allegations made against my partner regarding drug abuse. My partner (Sal) has offered to take both urine and hair follicle tests to clear up the drug allegations, but they were ordered to be at his ex-wife's request and she has never requested either since that order. The mediator stated in her report that per both parents agreement the 730 evaluation take place, however, my partner had simply inquired about it, and upon realizing the costs associated, he cannot afford to pay for one. The judge basically refused to do anything until the evaluation is done, regardless of the financial reasons he cannot afford the evaluation. His ex-wifes mother has been a huge part of the problem, and is fronting all the money for her daughter. The ex-wife has consistently broken the court order on several levels. She refuses to give him information about the children's school, activities, and even her current address. She has changed schools and signed them up for sports without his knowledge, and then refused him any information about the school/sports, and instructed the children to do the same (they are 8 and 11). She has changed his visitation days or simply not shown up when his time would coincide with some activity, since she doesn't want him to be able to participate. She refuses to allow him to pick up the children from school on his days, and when he has informed her that he was going to do so, she or her mother would pick the children up early and disappear. Her mother most recently did this on Halloween with the younger child, so that he would not get him on that day. I wouldn't even know where to begin with the alienation part, but it is extremely bad.

My question is, on what grounds would he be able to request a new OSC to modify visitation and/or seek an order to stop her and her mother from some of the activities they are doing to keep him from having his visitation.. We would like to file contempt, but have little faith in his judge and that anything would come out of it. We have some hope that an OSC and returning to mediation might result in a change, and that is what we are most trying to accomplish. I think he has a better chance with his mediator than the judge, who will only go along with what the mediator says.  Also, they did attend the part C mediation with an independent counseler outside the court a few months ago, and there was an agreement written up that included him getting overnights in about 4 months, but it is not a court order, and she of course will not go along with it, but only said she agreed in the session to make herself look good. Now she is sticking by the 730 evaluation, knowing he cannot afford to pay for it.

[cher bear]

I should point out that we are in California, and my partner currently shares joint legal and physical custody. Also, he did have a lawyer for several months, who basically got him a whole lot of nothing and signed off once the money was gone. At one point the lawyer advised my partner to wait on a drug test until his ex-wife paid for it (as was ordered),next time they went to court the judge threatened to find my partner in contempt and give his ex sole custody for failing to take the test (even though my partner was the one who suggested he take the test to disprove her lies!).

[BecauseIJustDid]

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