EMERGENCY INJUCTIVE??

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EMERGENCY INJUCTIVE??

Postby dcourtney2006 » Sat Apr 14, 2012 7:37 pm

I don't know if EMERGENCY INJUCTIVE is even the right name. For those that know the very long history of this NJ, I am looking for some help.

The NJ continues to make appointments for the minor son(12) with psychiatrists and Social Skills Counselors. Stating Autism, aspergers, ADHD, OCD, Torrets and motor tics.

ONE...these are being scheduled during my parenting-time. TWO...I have informed the NJ I am in total disagreement with these appointments....THREE.....no Doctor has DIAGNOSED the son with any of these....So....Do I have to take my son to these appointments while in my care?? I am being told by a non-lawyer, my neighbor went to law school for a year and thinks he has the correct answer, that I do not have to take him. If the NJ wishes to take him on her time that is up to her. Is he right?

Another help seeking problem....Please help me with this EMERGENCY INJUCTIVE. I am being told that I can do an EMERGENCY INJUCTIVE. Go before the Judge immediately and state that the NJ is ruining this child by forcing him to attend these doctor appointments. Especially since there is no proper diagnosis. This will make the NJ stop until a proper psych evaluation is completed. I MUST NOTE THAT IN PREVIOUS COURT APPEARANCES, THE NJ USED THE SONS MEDICAL AS AN EXCUSE TO NOT LET HIM COME TO MY HOUSE. AND SHE IS USING THE SAME ANGLE AGAIN WITH THE NEW COURT PAPERS I JUST RECEIVED. So you all can see where she is going with this??

Is it called Emergency Injuctive??
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Re: EMERGENCY INJUCTIVE??

Postby Fatheroffour » Sat Apr 14, 2012 7:43 pm

The term is Emergency Injunction. You would have to follow your local civil procedure to get one from the court.


And until she has a court order directing you to take the child to the appointments, it's your call whether to take him or not.
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Re: EMERGENCY INJUCTIVE??

Postby dcourtney2006 » Sat Apr 14, 2012 8:37 pm

No where in the Order does it say I have to take him anywhere. It does state, that if both parties AGREE to an extra carricular activity and I can not take him, then I am to call the NJ so she can take him.

1. I never agreed to these appointments.
2. These are not extra cariccular activities.

The NJ scheduled another appointment with the son at the psychiatrists Monday @ 4:00 PM. He is with me until 4:30 PM. I informed her two months ago that son will not be attending any further appointments until the child evaluation was completed. It has been six years and two doctor referrals and the NJ has still not scheduled the son for the evaluation.

I think I have a very strong case for the EMERGENCY INJUCTION??
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Re: EMERGENCY INJUCTIVE??

Postby Trevor » Sat Apr 14, 2012 8:39 pm

1. Don't take the child on your time. Your stupid X might tire soon of paying the doctor for these missed appointments, as very often doctors will charge for skipped appointments.

2. How are you being notified of the appointments? In advance? Are you being billed for them?

3. I think the route you would need to take is filing for contempt if she continually seeks invasive care without your agreement, though I don't know how it might be viewed as an emergency. I agree that you need to nip this in the bud, but I don't think it's a good idea to go this one alone if you are trying to file an emergency injunction.

4. Has a child evaluation been ordered by the court? Is the child having problems in school and/or socially?
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Re: EMERGENCY INJUCTIVE??

Postby dcourtney2006 » Sat Apr 14, 2012 8:44 pm

Trevor

1. The NJ tells me the days and times after she has already made them. Some are only 5 hours prior to the actual appointment time.

2. I already filed CONTEMPT this past week and that is included. But Hearing on teh CONTEMPT may not be for another two months.

3. There is no Court Order for the eval and that is noted in my COUNTER PETITION. The Judge is aware of previous doctor referrals though. TWO in the last 6 years and the NJ never followed through.

4. The son attends twice a week at his grade school (6th grade) social skills classes. I talked and met with the Social Skills teacher and she stated son is a very sociable young man and doing above average. I also met with all his other teachers and he is GIFTED in all subjects. No other student in 6th grade at his school has accomplished this. On his recent FCAT...he only missed TWO out of 500 questions. He also won his spelling bee.

5. The NJ"S latest tactics with all the doctors has basically disqualified my son for military, university schools, jr. college. That is noted in his last IEP from school because the Mother tells them teh son has autism, asperger's, motor tics, torrets. Under the current NJ's rule, the son will not even receive a High School Dilpoma. He will receive what they call a Special Diploma. A Special Diploma does not qualify for the above mentioned.
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Re: EMERGENCY INJUCTIVE??

Postby Trevor » Sat Apr 14, 2012 9:25 pm

Wait wait wait. Just because a parent reports this stuff to the school is not grounds for any of it to be placed in his school records. You need to audit 100% of his school records for any of that rubbish, and find out how to eliminate the false information from the school's records. No way this hearsay junk should hinder his HS graduation, potential college admission, or his military choices. I would also investigate the "special diploma" because if it isn't a fully qualified diploma, then why can't he just get a GED, which would not disqualify him?
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Re: EMERGENCY INJUCTIVE??

Postby dcourtney2006 » Sat Apr 14, 2012 9:49 pm

Trevor......I agree with you. The NJ has verbally told the school officials all this mumbo jumbo. She had the psychiatrist write a bogis letter to the school stating all the sons problems like I already listed. The psychiatrists did no study or eval on the son to begin with. The psychiatrists even told both parents that she is only writing the letter so the son can qualify for additional time on FCAT's. The NJ is using that letter to inform the school officials. That same letter was already mentioned in Court and the Judge threw it out.
I got a letter from the school as a result of his last IEP and it states in brief;

Your child will not participate in the Standard Assesment Program due to his IEP reports. Since your child can not obtain a regular SAP, your child will participate in a Special Assesment Program. The Special Assesment will not allow your child to receive a high school diploma but only a special diploma. A special diploma will most likely, not allow your child to join the Military, university, or jr. college which includes State or Community college's.

So the NJ is using the psychiatrists letter to her advantage so she can present in Court again. MOTIVE....get the Father's parenting-time reduced. Because in the next sentence in the NJ's Petition states, she is better equipped to provide stronger moral needs since the son is a "Special Needs" child.
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Re: EMERGENCY INJUCTIVE??

Postby Trevor » Sun Apr 15, 2012 12:07 am

Fight it, Dad. Fight it hard. I did some fighting against the school once for my daughter. And I won. Not the same thing you are fighting, but I doubt they have the stomach to fight against a Dad who is battling to see that his child graduates high school. Can you imagine how the school board would view an school administration pushing back against a parent for this? Fight it before the school year ends and the school staff all start their summer jobs at Dairy Queen.
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Re: EMERGENCY INJUCTIVE??

Postby Thoughts? » Sun Apr 15, 2012 12:16 am

Refresh our memories please on your specific rights in the decree....Joint? She have Sole?

The school public or private?

Does she have a viable excuse why she can't get the child to the appointments on her time?

Did you participate in the formal hearing of the parents, teachers, administrators, counselor(s), that produced the IEP? Do you have a copy of the IEP?
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Re: EMERGENCY INJUCTIVE??

Postby grgr » Sun Apr 15, 2012 5:27 am

Is there a reason why you can't make an appointment for the appropriate psych eval and take him on your time? If you can't, then petition the court to order it and be prepared with a choice of several doctors so your NJ can't manipulate who does it.

Sounds like mom's the one that needs the psych eval.
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