Here's how I'd deal with this if I were your lawyer. I would not agree to allow PC to step out. I'd be very apologetic, but I would say that she is the most experienced, best PC available. If she is having difficulties with this case, it is highly unlikely that anyone else will be more successful. Having no PC would leave your son at risk for an even more chaotic situation, given the issues. Therefore it is in the child's best interest to retain the PC.
However, if the Court feels that it must let the PC out of her contract, the Court needs to put protections in place for your son. The most obvious one is supervised or therapeutic contact with ex.
Difficult situation but good from everyone. I agree that this is probably a good time to ask for primary custody.
I wonder about the format of the hearing; specifically, whether your lawyer might have the opportunity to ask the PC some questions, to get her to elaborate and make very clear the specific behaviors of the other party that have caused her to want to give up, and to get her to repeat that this is the first time she's ever asked to be let out of a contract - basically make a very clear case that the other party's behavior is very extreme and even a proven professional can't deal with it effectively.
Then your lawyer might make the case that if an experienced professional can't deal with your ex, it's not reasonable to expect you to deal with him from a position of weakness - like needing his agreement so you can travel - and it's even less reasonable to expect a child to deal with him without supervision.
Use this as an opportunity to make a super-strong case - with the PC doing the talking - that this is not someone who can act right consistently, and it's not in the child's interest to be under his control.
Yeah, I am all for making this a super-strong case right now. My L said that neither she nor the PC have had a hearing like this before, so my L is preparing for it as though it was a motion for sole custody in case the judge is primed to act swiftly. There are 4 motions outstanding, and that helps. From my email interactions with the PC, I sense that she is going to hold no punches about N/BPDx's behavior. I was concerned that she would temper everything and make it sound very professional, but my L said the PC is a strong advocate for children and knows that N/BPDx is willing to gamble S11's wellbeing for his own purposes. She will be blunt. Also, she has been threatened, and obviously that has shaken her.
My L said it's likely that the judge will ask us to file a motion for sole custody, but it will go on the calendar fairly soon and the hearing will be fresh. Meanwhile, I have been lining up pressing issues for the PC and N/BPDx is obstructing everything like a champ. I was as low as I've been in a long time a few days ago, but feeling a bit better about this today. Trying to not get my hopes up too much, but I do feel hopeful.
Thanks everyone, this has really helped me focus my thinking. I feel ready.
