Confused, not sure what to do

[reellis527]

I am the cp of a four year old daughter that previously displayed signs of "sexual abuse", went to court and had 50/50 legal and physical custody order changed which granted me sole custody, both physically and legally.  Child hasn't displayed any other problems.  Recently had an extended holiday vacation with dad and came back syaing how she has to sleep with dad and one of his girlfriends and can't tell the other girlfriend when the other one sleeps over.  She has began stuttering, biting her nail, acting nervous, and can't sleep.  I scheduled her an appointment with a behavioral assessment and tried to file and emergency order to stop his visation but was told i would need written proof first.  
Our custody order states he gets visitation every other weekend, this weekend is his weekend...

1) can I withhold our daughter from him because "something" isn't right (hold her until I get the assessment from the behavioral specialist and then go to get an emergency order)?

2) if the behavioral specialist states something is going on or it's unhealthy will the courts give supervised visitation or no visitation?

[socrateaser]

>1) can I withhold our daughter from him because "something"
>isn't right (hold her until I get the assessment from the
>behavioral specialist and then go to get an emergency order)?

Legally, you do not absolutely need any evidence other than your own testimony, as long as your testimony states facts that, if true demonstrate that irreparable harm will befall the child if your temporary order is not granted.

It would be much better if you have an expert who will provide you with a report that you can provide to the court at the emergency hearing, but this doesn't mean that you shouldn't try, if you really believe that something is going on.

You have four days to get a specialist to make an evaluation, so find someone and beg them for an appointment.

>
>2) if the behavioral specialist states something is going on
>or it's unhealthy will the courts give supervised visitation
>or no visitation?

Probably, yes.

[reellis527]

>>1) can I withhold our daughter from him because "something"
>>isn't right (hold her until I get the assessment from the
>>behavioral specialist and then go to get an emergency
>order)?
>
>Legally, you do not absolutely need any evidence other than
>your own testimony, as long as your testimony states facts
>that, if true demonstrate that irreparable harm will befall
>the child if your temporary order is not granted.
>
>It would be much better if you have an expert who will provide
>you with a report that you can provide to the court at the
>emergency hearing, but this doesn't mean that you shouldn't
>try, if you really believe that something is going on.
>
>You have four days to get a specialist to make an evaluation,
>so find someone and beg them for an appointment.
>
>>
>>2) if the behavioral specialist states something is going on
>>or it's unhealthy will the courts give supervised visitation
>>or no visitation?
>
>Probably, yes.
>

I have tried to get an earlier appointment and next Tuesday is the first.
1) Am I within my rights to not let him have visitation this weekend?  
2)All he can do is file a motion against me right?

[socrateaser]

>1) Am I within my rights to not let him have visitation this
>weekend?  

If you have credible evidence to present to the court that an emergency exists, then yes, otherwise, no.

>2)All he can do is file a motion against me right?

If your orders show joint custody and permit exercise of custody by the other parent, rather than mere visitation, then he could have the sheriff help enforce his custody rights. Not all county sheriffs will enforce this sort of order, but some will, it depends on the jurisdiction.

Regardless, if you really believe that the child is in danger, then whether you're within your rights or not is irrelevant -- you must protect the child, even if the result is that you later lose a contempt action. You could argue that your failure to violate the order wasn't with conscious disregard, because you regard the orders as extremely important, yet you were more concerned about your child's best interests. That's how I'd present it, assuming I let you testify at a contempt hearing, which I probably wouldn't, but never say never.

[Giggles]

Would it be possible to contact the BF and see if he wouldn't mind switching weekends with you?  You could make up a story about having family plans and would he mind switching the weekends?  That way The child wouldn't be with BF this weekend, you could take the child to the appointment, there is NO contempt and the only possible draw back would be that the child would have to go to Dad's 2 weekends in a row???

[reellis527]

That is what I was thinking and by next weekend when he think he is getting her we'll have been to court and he'll know what is going on.