Parental Evaluation Completed - now what?

[Eeyore]

Summary:  X filed an Order to Show Cause Hearing, judge ordered parental evaluation to be completed on X. Hearing was slated for 11/7, reset to 2/25.

Parental evaluation was completed on 2/14.  X withdrew Order to Show Cause, hearing canceled, as X states that he wants to go to mediation to address issues with his son.  

The evaluation recommended supervised V @ reduced hours, and another evaluation to be done in a year's time.  Evaluator said that X has a personality disorder, un-reconciled abuse issues from his childhood, un-reconciled abuse issues from his 1st marriage, documented abuse of child in question, ADD, and serious psychological issues that would be resistent to treatment.

His legal representative, whom he just hired, stated that his client wants to go to mediation to come to an agreement about his getting counseling to deal with his issues with our child.

My attorney says that it is better to allow this than to push it to court, he says that I am in a win-win position.  

Meanwhile, my attorney sent the X a letter stating that the V until the case is resolved must follow the evaluator's recommendations .... 4 hours time at a common place, and that it be supervised.


Q:     What can the X gain by doing this? Anything? The judge said that he'd rule according to the evaluation.  

[Kitty C.]

I don't mean to sound judgemental, but just MAYBE your ex realizes that in order to have a relationship with his son, this is what he has to do??  I don't know, I'm just guessing here.........

Remember that your child is the important one here and should not be denied either parent, as long as it isn't detrimental to him.  Sounds like your ex knows now that to do anything otherwise than what is recommended would guarantee that your son has BOTH parents in his life.

So maybe you should change your question, like what can your SON gain from this agreement???

[Eeyore]

He can get to know his father in a safe environment, without fear of being hurt.  HOPEFULLY, his father will get help, and not just temporarily.

I am just asking what the X would gain LEGALLY, in the courtroom by going to mediation for issues w/ his son.

I am NOT stopping the time w/ him at all .....just trying to keep the kid safe.

[DecentDad]

Sounds like you had an evaluator who pinpointed some important issues.

Your X may have been advised that it will cost him much money to go to trial with all likelihood at getting the evaluator's recommendation set in place.

Mediation is a lower-cost way to see if he can negotiate any deal BETTER than the evaluator's recommendations.

That's my thought.

DD

[socrateaser]

>Q:     What can the X gain by doing this? Anything? The judge
>said that he'd rule according to the evaluation.  

Question is: What do you want to achieve by having the court rule? If you believe that the child's  best interests lie in reducing the father's access to the maximum extent, then you should go to trial, as the eval is apparently very unfavorable towards the father.

If you want to increase father's access but under terms that you try to agree on, then go to mediation.

Mediation is non-binding, by-the-way, so you can always say "forget it" and go back to court if you're not making any progress in negotiating a settlement.

The only other issue is cost -- if mediation is successful, your attorney fees will be less, if it's not, then they'll probably be more, because you will have spun your wheels for a bit.