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Old 09-26-2008, 08:36 AM
Grover Grover is offline
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Join Date: Sep 2008
Posts: 12
Grover is on a distinguished road

The access problem (being denied court appointed access) happened a while back. The police were called and the CAS were called and the husband/father stopped that. The mother always had to have an approved family member with her and had to stay with an approved family member when she had her daughter, but that is no longer the case. The father went away for two weeks in the spring and left the child with a relative, only allowing the mother her regular access, but since then has agreed that if either parent goes away for more than 48 hours, they have to offer the child to the other parent before making other arrangements. So the mother and child never miss their time now, and they talk on the phone every night. The mother also negotiated for 2 weeks straight in the summer, which she very much enjoyed.

The main issue is, assuming that the OCL report again recommends shared custody or equal time, how do we make a case to a judge to change the status quo? The child wants equal time but is too young for the court to make a ruling based on her wishes alone. The previous OCL report was almost 3 1/2 years ago but was not implemented because they used the request for an additional psychiatric evaluation to get a long delay (10 months to set up the examination, then they asked the doctor not to prepare the report that the court was waiting for and not to tell anyone which wasted another 18 months, then the husband disobeyed the court order to fill out the OCL forms, then his new lawyer didn't respond to communications). I know this focus is not on the child, but I guess there are two issues.... how do we change the status quo based on the child, and why are there no consequences for these sort of actions?