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Enforcing medication order

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kbrandt

Junior Member
What is the name of your state (only U.S. law)? WI

We just settled out placement/custody suit on October. In that suit, it was ordered that any prescriptions prescribed by their pediatrician be given to the children. They have suffered with asthma their whole lives. They are experiencing less symptoms as they get older, but their doctor decided they should take a preventative medication once daily through the winter months to reduce exacerbations. Now, 2 weeks after court is out, the father is refusing to give the children their medication, refusing to attend an appointment with the doctor regarding this, and is threatening to switch their medical care to a center which is 10 minutes closer to his home, even though the kids have seen the same doctor their entire lives. He has the kids during the school year. We live 30 minutes away from each other, and their doctor is centrally located for both families. I spent over 7,000 getting the settlement finalized and franky do not have any money for an attorney. I am wondering how to request a hearing before the judge regarding enforcing this issue on the medication. What kind of a hearing is it and how can I file for it w/o an attorney? I actually attended our final hearing without my lawyer, and won more than she was trying to get me to agree to, so I do not think the judge has a very good feeling about the father. I do not want to irritate the judge by not filing this properly with an attorney, but I believe there must be a way to have this heard without paying a lawyer. TIA**************
 


Zephyr

Senior Member
What county?

You should start by communicating with dad regarding the medication. Send him an email or letter asking him to follow the order of the court. Also, for the benefit of your children, is it possible for you to swing by the school in the mornings to give them their meds?

check your messages in your profile.
 

kbrandt

Junior Member
Our order is in Pepin County.

I have had the doctor send him letters regarding the importance of them receiving their medication. I have asked him to find a conveinent time to schedule an appointment with the doctor to discuss any concerns regarding the medication or other options for treatment. He believes in natural healing. He has responded by saying he is transfering their care to a smaller office and will not be using their pediatrican any longer. If he was to see another doctor, I do not believe they would feel comfortable taking the children off medication after they have been under another's doctors care for their entire life, with just 1 visit with the kids. Does he have the right to reestablish the medical provider if I do not agree with his decission? Their current doc is centrally located for both of us. The kids are 8 and 10, so they have had this doctor for a long time. We have joint legal custody. He has the school year placement because I remarried and moved 30 minutes away to the town where my husband works and owned a house. Prior to that we had lived in the same town and had 50/50. Now, I get e/o weekend, e/o Tuesday night, and 14 floating days to use throughout the school year as well as most of the summer with him getting the same visitation in the summer that I have in the school year (e/o weekend, e/o Tuesday night).

As I said, it is 30 minutes to school so it is not an option for me to give the children their medicine during his placment. I have notified him that I have scheduled an appointment with their current doctor and gave him the time. If he does not attend, then I need to know what else I should do.
 

kbrandt

Junior Member
Our order states "Each parent shall administer any doctor prescribed medication for the minor children. Upon receiving written confirmation of the children's doctors orders, each parent shall follow the directions for administering the prescribed medications exactly as directed."

Thanks for the link too, I will check it out.
 

Zephyr

Senior Member
Our order states "Each parent shall administer any doctor prescribed medication for the minor children. Upon receiving written confirmation of the children's doctors orders, each parent shall follow the directions for administering the prescribed medications exactly as directed."

Thanks for the link too, I will check it out.
If this were me- I would send one more letter demanding he follow the order, upon his response (which I am assuming he would refuse the medication again) I would file an order to show cause, the clerk of court in your county will have the form or it's available on line...
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? WI

We just settled out placement/custody suit on October. In that suit, it was ordered that any prescriptions prescribed by their pediatrician be given to the children. They have suffered with asthma their whole lives. They are experiencing less symptoms as they get older, but their doctor decided they should take a preventative medication once daily through the winter months to reduce exacerbations. Now, 2 weeks after court is out, the father is refusing to give the children their medication, refusing to attend an appointment with the doctor regarding this, and is threatening to switch their medical care to a center which is 10 minutes closer to his home, even though the kids have seen the same doctor their entire lives. He has the kids during the school year. We live 30 minutes away from each other, and their doctor is centrally located for both families. I spent over 7,000 getting the settlement finalized and franky do not have any money for an attorney. I am wondering how to request a hearing before the judge regarding enforcing this issue on the medication. What kind of a hearing is it and how can I file for it w/o an attorney? I actually attended our final hearing without my lawyer, and won more than she was trying to get me to agree to, so I do not think the judge has a very good feeling about the father. I do not want to irritate the judge by not filing this properly with an attorney, but I believe there must be a way to have this heard without paying a lawyer. TIA**************
Do you still have joint legal custody? If so, dad does not have the right to change their doctor without your agreement, nor the right to decide not to give them their meds without your agreement.

You need to take dad to court for contempt for not giving the children the meds prescribed, and you should probably include a request to stop dad from changing the children's doctor without your agreement.
 
I would send one more letter demanding he follow the order, **************....
And that should be sent Certified, Return-Receipt requested. You must be able to prove to the Court that he got it. You might also include a copy of the Order that you quoted, even though he has already seen it, and might have a copy of it.

If you include a copy of the Order, that will, without any doubt, show the Judge that he is willfully disregarding an order set by that same Judge. Not a good thing to have presented against a person on an Order To Show Cause.
 

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