children's dr.

[Sandine]

I live in Texas - I just need feedback on the following. My children are seeing a pshych. in reference to their visits with me. My ex-husband violated our orders of visitation and kept them from me for close to two years. We finally made ground outside the courtroom(however I would have loved to have the judge render her verdict!!! -- financially I couldn't afford it) anyway, the children see a Dr. (I am told), to help with their feelings about seeing me - help the transition go okay, that is no problem, what is tho, is that she will announce that they(my ex), need to see my driving record, the children are scared to drive with me(??????), I promise it is clean as a whistle!!!! -- or that they are not comfortable with going to a friends house, so suddenly I have to have "supervised" visits????? I am loosing my mind here - and the real problem is that she refuses to speak to me! Is this real??? How can a dr. make any "professional" decisions about me or my children "and" me when she willl not speak with me? My own dr. finds this highly suspcious as do I! Can I file anything to get the records ro force them to show me "proof" of how the children feel - when I am with them there is NO indication of discomfort at all!!!!! I feel I am being railroaded and controled by my ex once again!

thanks..., sorry if this is a bit lengthy, just really frustrated having little resources and he knows it!!!!!

 

[Sandine]

Having re-read my post, let me say that I feel like he(my ex), is "using" these Dr.'s opinions as a method to control my visits with the children, ie.., cannot have anyone else but myself present - or, no travel, simply where he chooses to meet - this is rediculous! My visits as far as I can tell via the orders do not include such dicatation from him - whenever I "do" something(have a friend with me, suggest we go somewhere), all of a sudden there is a "problem" as a result from the Dr.s visit and they cannot see me or it must be supervised etc...,

Just to elaborate a bit! again, sorry for rambeling..,

Still frustrated!!!

 

[I AM ALWAYS LIABLE]

My response:

It doesn't matter that you are the parent.

The "Psychotherapist / Patient" privilege is paramount and cannot be violated. The only person who has access to those records are the children and the custodial parent.

The doctor may not have a necessity to see you at this point in time. This is not so much about you, as it is about the "children's feelings" - - whether correct or incorrect. There may come a time in during their treatment that the doctor may choose to call you into a session or two, but don't think that because he's called you, that he will discuss the children's therapy with you - - he won't. If he does call you in, it will be about YOU, and your mental health issues, based upon the information the doctor has previously garnered from the children.

Your session(s), if any, will merely be used by the doctor to enlighten him with guiding the children. The doctor cannot release your session information to your ex-husband.

IAAL

 

[I AM ALWAYS LIABLE]

Having re-read my post, let me say that I feel like he(my ex), is "using" these Dr.'s opinions as a method to control my visits with the children, ie.., cannot have anyone else but myself present - or, no travel, simply where he chooses to meet - this is rediculous! My visits as far as I can tell via the orders do not include such dicatation from him - whenever I "do" something(have a friend with me, suggest we go somewhere), all of a sudden there is a "problem" as a result from the Dr.s visit and they cannot see me or it must be supervised etc...,

Just to elaborate a bit! again, sorry for rambeling..,

Still frustrated!!!

My response:

Since your current court orders are being "changed" by him, you're going to need to find the money to go into court because he's "interfering" with your court ordered visitation, and because of that, is in "contempt of court".

He has no right to change the court's orders of his own volition - - and I don't care what the doctor says at this point. If there is or was a problem, he had an obligation, by law, to take you back to court for a change in the court ordered custody / visitation schedule.

In other words, he has "put the cart in front of the horse" in this matter, and has now laid himself bare to Contempt of Court proceedings and potential criminal penalties. And, at that hearing, it won't matter that he waives the doctor's report in front of the judge. The fact remains that he has interfered with your rights PRIOR to obtaining any changes in the court's order.

IAAL

 

[Sandine]

Thank you for your response, I do understand the "Dr/patient" relationship you refer to. I quess I was more questioning the value of her passing "judgement" on me - ie.., I am an "unsafe driver(simply for point of reference as I am NOT), via the children's "aledged" comments(I tend to believe that they reflect my ex's desire to create a problem), without speaking or evaluating "me". I am glad that the children are in counseling, I had to threaten a motion to order so before he would do it..., and also - I have joint custody, I still have no rights?

Thanks, I guess I am thinking in terms of filing a motion for a court appointed Dr. to evaluate the situation as to its' validity..., just hate to put my children thru something like that.

 

[Sandine]

Thanks for the response Liable - I was reposting and then saw your next post. Yes, I agree unfortunatly I do not see an end to his imposing "his" restrictions and I know that a judge does not look upon that kindly - I am afraid you are correct and in order to put an end to his desire to continue to "control" my visits, I will indeed have to file and thank you - now I understand on what grounds I can do so!

Thanks again - should I want to have these Dr.'s "suggestions" Ie..., "how" the visits should be etc.., submited?(the faxes and phone messages I recieved that outlined these stipulations of the visits? I would imagine so)

Okay, thanks again very much, I now have a starting place. How tuff is it to go PRO SE?(sp?)>

 

[I AM ALWAYS LIABLE]

Thanks for the response Liable - I was reposting and then saw your next post. Yes, I agree unfortunatly I do not see an end to his imposing "his" restrictions and I know that a judge does not look upon that kindly - I am afraid you are correct and in order to put an end to his desire to continue to "control" my visits, I will indeed have to file and thank you - now I understand on what grounds I can do so!

Thanks again - should I want to have these Dr.'s "suggestions" Ie..., "how" the visits should be etc.., submited?(the faxes and phone messages I recieved that outlined these stipulations of the visits? I would imagine so)

Okay, thanks again very much, I now have a starting place. How tuff is it to go PRO SE?(sp?)>

My response:

Again, you can't get the children's records unless your ex submits them to the court. However, let me re-emphasize that the records will make NO difference, at this point in time, insofar as the judge is concerned because the "Contempt of Court" by your ex has ALREADY OCCURRED.

The fact remains that your ex changed the court orders on his own, and thereby interfered with your rights under the current court orders, without the PRIOR "blessing" of the court. Seriously, you really need to FULLY understand what I'm saying to you - - otherwise, you'll make unecessary mistakes. I want you to do well under these circumstances. For all I know, and despite your protestations to the contrary, you may in fact be "Godzilla" when driving, and are in fact a menace to society - - I don't know ! But, THAT'S NOT THE POINT ! The point of this matter is, as I've stated earlier, is that your ex has already VIOLATED the court's current court orders. He's subjecting himself to the very real potential for serious monetary fines and jail time for what he's done to you and the children.

Going Pro-Se (In Propria Persona) can be "do-able", depending upon your knowledge of the law, and whether or not you're a "savvy" person - i.e., able to comprehend and fully understand legal concepts, and then work with those concepts.

If you absolutely have no other alternative to hiring an attorney (you've GOT to exhaust all ways for you to get the money - these are YOUR children), then you could try buying a book on the subject at your local bookstore. But, let me warn you, that as a pro-se litigant, you'll be held to the same standards as an attorney, and with each mistake, you'll take two steps backwards. Running a case on your own is not for the faint of heart.

I wish you well in your plight and I do understand how hurtful he is making this situation by unjustly denying your rights - - even though he "thinks" he's correct.

IAAL

[Edited by I AM ALWAYS LIABLE on 05-28-2001 at 03:04 PM]

 

[Sandine]

Liable, Yes, I fully understand that no matter what his reasoning was - w/out a court order stating so -- he cannot dictate "new" stipulations! Thank you, I do see that that is "the" issue here!

I take your responses to heart(and don't feel bad about suggesting that I may be Godzilla..., ),-- seriously, I clearly can appreciate your position here and I do so much thank you for your responses!!

Thanks for the luck - however, I do feel and can see that the law is on my side, this time I WILL allow the court to administer the consequeces as he had shown that he will not honor anything he says outside that arena!

Sandine

 

[I AM ALWAYS LIABLE]

My response:

Good ! Go for it ! He's an a s s h o l e anyway, and deserves everything the court dishes out to him.

At the hearing, and as he's being carted away to jail because of his "Contempt of Court", be sure to give him a toothbrush, a change of underwear, and a jar of Vasaline Petroleum Jelly. He's gonna need them - - especially when he meets my very good friend, "Bubba".

I wish you well, and please let me know how it all turns out. Now, go out and get a loan or, at the very least, a good book on the subject.

IAAL