I am so furious right now.

[CJane]

What is the name of your state? MO

I spoke with Stupidhead tonight.

Couple of things...

1) He recorded the call - he informed me he was recording the call. BUT - both of us were on cell phones.

2) He admitted that he's been taking the children to a counselor - I knew NOTHING about it. He claims that it falls under 'routine and minor decisions' and not medical decisions because "She's not a brain surgeon"

3) He admitted that he will continue taking the girls to the pediatrician of his choice regardless of my wishes or the court order.

The counselor thing has me so pissed I can't even rant properly right now. I cannot believe that a counselor would see the kids w/out ever once asking to meet with the parent they spend most of their time with and who has JOINT LEGAL custody.

And frankly, no matter how insane I think he is, I can't believe HE would do this.

Help me out here. I'm calling the GAL in the morning. I'm calling the counselor in the morning. But I need to have a game plan, and right now, I'm at a loss as to a course of action.

I can't access the 'net from work, but Zephyr has my email address... PM her for it if you have any ideas for me before tomorrow evening.

 

[GrowUp!]

What is the name of your state? MO

I spoke with Stupidhead tonight.

Couple of things...

1) He recorded the call - he informed me he was recording the call. BUT - both of us were on cell phones.

2) He admitted that he's been taking the children to a counselor - I knew NOTHING about it. He claims that it falls under 'routine and minor decisions' and not medical decisions because "She's not a brain surgeon"

3) He admitted that he will continue taking the girls to the pediatrician of his choice regardless of my wishes or the court order.

The counselor thing has me so pissed I can't even rant properly right now. I cannot believe that a counselor would see the kids w/out ever once asking to meet with the parent they spend most of their time with and who has JOINT LEGAL custody.

And frankly, no matter how insane I think he is, I can't believe HE would do this.

Help me out here. I'm calling the GAL in the morning. I'm calling the counselor in the morning. But I need to have a game plan, and right now, I'm at a loss as to a course of action.

I can't access the 'net from work, but Zephyr has my email address... PM her for it if you have any ideas for me before tomorrow evening.

I can relate to what you're going through as an ex tried this w/me -- in another losing attempt on her part -- and I was not notified of the counseling nor was I ever asked to participate. I wouldn't worry about it because any attorney worth their salt -- not to mention the Judge -- would even consider anything from the Counselor if you were not a participant because you were not asked. Plus, it's obvious what Stupidhead is trying to do -- and hopefully your attorney would make a StupidHead Asshat out of him (or would that be conflicting). I am sure you know that counseling is NOT "minor or routine.' You can always write a letter to the counselor requesting they cease counseling the child immediately, as you were not consulted...the court order...blah blah blah. Maybe you can even set up a personal appt of your own w/the counselor -- and insist it's on HIS dime, not yours.

Also, re: the phone call -- although recording of cell calls falls within the FCC rules and regs (since it's wireless transmission), that can be referenced that he "does not care of your wishes OR the court order." The last words alone should make the court 'very happy.' lol Just state the exact time and date -- and even bring a cell bill that shows the call (if you have detailed billign). Have your attorney request to produce all recorded phone calls. So if he lies on the stand or in interrogatories, you can try to use the phone call.

Hope that helps.

 

[Zephyr]

well you know I am just going through this exact thing, I think your ex has screwed up enough in the past, shocked the GAL enough through the last go round, you may want to look at your options regarding contempt

 

[BelizeBreeze]

What is the name of your state? MO

I spoke with Stupidhead tonight.

Couple of things...

1) He recorded the call - he informed me he was recording the call. BUT - both of us were on cell phones.

2) He admitted that he's been taking the children to a counselor - I knew NOTHING about it. He claims that it falls under 'routine and minor decisions' and not medical decisions because "She's not a brain surgeon"

3) He admitted that he will continue taking the girls to the pediatrician of his choice regardless of my wishes or the court order.

The counselor thing has me so pissed I can't even rant properly right now. I cannot believe that a counselor would see the kids w/out ever once asking to meet with the parent they spend most of their time with and who has JOINT LEGAL custody.

And frankly, no matter how insane I think he is, I can't believe HE would do this.

Help me out here. I'm calling the GAL in the morning. I'm calling the counselor in the morning. But I need to have a game plan, and right now, I'm at a loss as to a course of action.

I can't access the 'net from work, but Zephyr has my email address... PM her for it if you have any ideas for me before tomorrow evening.

What exactly does your court order state as to medical decisions.

 

[casa]

What is the name of your state? MO

I spoke with Stupidhead (not to be confused with asshat) tonight.

Couple of things...

1) He recorded the call - he informed me he was recording the call. BUT - both of us were on cell phones.

2) He admitted that he's been taking the children to a counselor - I knew NOTHING about it. He claims that it falls under 'routine and minor decisions' and not medical decisions because "She's not a brain surgeon"

3) He admitted that he will continue taking the girls to the pediatrician of his choice regardless of my wishes or the court order.

The counselor thing has me so pissed I can't even rant properly right now. I cannot believe that a counselor would see the kids w/out ever once asking to meet with the parent they spend most of their time with and who has JOINT LEGAL custody.

And frankly, no matter how insane I think he is, I can't believe HE would do this.

Help me out here. I'm calling the GAL in the morning. I'm calling the counselor in the morning. But I need to have a game plan, and right now, I'm at a loss as to a course of action.

I can't access the 'net from work, but Zephyr has my email address... PM her for it if you have any ideas for me before tomorrow evening.

Informing someone you are recording a call, is NOT the same as getting their consent to record the call...unless it is a voicemail & YOU choose to talk after the *beep*.

I'd be burning up the phone lines to that counselor & the GAL. I agree with LdiJ~ This is worth filing for contempt...even if there is no remedy other than an order to enforce your JOINT LEGAL Custody status.

 

[BelizeBreeze]

Informing someone you are recording a call, is NOT the same as getting their consent to record the call...unless it is a voicemail & YOU choose to talk after the *beep*.
.

Actually, it is. It's called "Implied Consent".

 

[casa]

Actually, it is. It's called "Implied Consent".

On an answering machine or voicemail...but not just simply bc someone says "I'm recording this". You know it would be easy to argue that was not 'implied consent'...

 

[Some Random Guy]

Its implied consent because the poster didn't end the phone call after she was informed that he was recording. Of course anything said before the recording announcement would not be consentual for recording purposes.

 

[casa]

Its implied consent because the poster didn't end the phone call after she was informed that he was recording. Of course anything said before the recording announcement would not be consentual for recording purposes.

By the "recording announcement" you mean her X b/f 'saying' he was recording the call? If MO falls for that...well, then I'm glad I'm in CA, where people try this all the time & are frequently shocked when the courts tell them to pack a lunch

 

[CJane]

By the "recording announcement" you mean her X b/f 'saying' he was recording the call? If MO falls for that...well, then I'm glad I'm in CA, where people try this all the time & are frequently shocked when the courts tell them to pack a lunch

Ex husband, not BF. Just for clarification... this is stupidhead.



Ok, wrt the phone call... I'm ok with the recording, but as it was between cell phones, isn't it illegal anyway?

BB ~ The order says "Each parent must inform the other of any medical, COUNSELING, optical, psychological, dental, orthodontic or endodontic (though I don't even know what that is) in a timely manner, allowing the other parent to attend such appointment."

Clearly not what happened.

I'm off to my mom's house... will check this again tonight.

Edited to add:

It also says that the parties will JOINTLY AGREE on the children's primary care physician, keeping in mind the restrictions imposed by the insurance carrier.

 

[LdiJ]

Ex husband, not BF. Just for clarification... this is stupidhead.


Ok, wrt the phone call... I'm ok with the recording, but as it was between cell phones, isn't it illegal anyway?

BB ~ The order says "Each parent must inform the other of any medical, COUNSELING, optical, psychological, dental, orthodontic or endodontic (though I don't even know what that is) in a timely manner, allowing the other parent to attend such appointment."

Clearly not what happened.

I'm off to my mom's house... will check this again tonight.

Edited to add:

It also says that the parties will JOINTLY AGREE on the children's primary care physician, keeping in mind the restrictions imposed by the insurance carrier.

Again, and I will repeat, its time to file for contempt.....and possibly even to ask for sole decision making rights regarding medical issues. Taking the one child to another ped and getting a prescription for an antibiotic that she is allergic to is bad. Refusing to allow the other child to take their allergy medicine while at dad's house is equally bad. Taking the children to a counselor without your agreement and imput is clearly contempt.

Dad and his wife already made fools of themselves in court....take it back to court NOW.

 

[casa]

Again, and I will repeat, its time to file for contempt.....and possibly even to ask for sole decision making rights regarding medical issues. Taking the one child to another ped and getting a prescription for an antibiotic that she is allergic to is bad. Refusing to allow the other child to take their allergy medicine while at dad's house is equally bad. Taking the children to a counselor without your agreement and imput is clearly contempt.

Dad and his wife already made fools of themselves in court....take it back to court NOW.

While the iron is HOT