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How to communicate after a contentious divorce... Following a contentious divorce and custody battle, there are often high emotion and tensions between the parents. Research shows that constant and chronic conflict between the parents negatively impacts the children. The children sense their parents anxiety in their voice, their body language and their parents behavior. Here are some suggestions from Dean Stacer on how to avoid conflict.
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Author Topic: co parenting counselors role in court  (Read 545 times)
nowheretogo
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Gender: Female
What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: married 11/2009, filed for divorce 11/2011; divorced 3/2013; primary custodian
Posts: 665



« on: July 31, 2015, 10:26:49 AM »

I am writing to ask if anyone has experience going back to court for custody reasons after having been seeing a co parenting counselor for some time.  And if so, was that counselor able to be used as a witness in court?  Can the BPD ex block their use in court claiming privacy concerns?  (our co parenting counselor is a psychiatrist)... .
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Thunderstruck
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« Reply #1 on: July 31, 2015, 10:55:26 AM »

Was the counselor part of a court order?

What kind of privacy agreement did you and the x sign when you began?

The x probably could block the counselor from testifying in court unless a waiver is/was signed allowing the counselor to disclose information. If the x refuses to sign a waiver, you might be able to request the judge to order them to do so? Or maybe have the judge order the counselor to provide a recommendation report based on the issues you're raising? I don't know, ask a L about all that. 

I think some way that people get around this block is to have a CE ordered, and the CE would contact the T and that's how the information would get into a report for the court.
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"Rudeness is the weak person's imitation of strength."

"The sun shines and warms and lights us and we have no curiosity to know why this is so. But we ask the reason of all evil, of pain, and hunger, and mosquitos and silly people." -Ralph Waldo Emerson
nowheretogo
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Gender: Female
What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: married 11/2009, filed for divorce 11/2011; divorced 3/2013; primary custodian
Posts: 665



« Reply #2 on: July 31, 2015, 10:59:01 AM »

The counselor is court ordered.  I do not remember what I signed at the beginning.  I think I will request a copy for starters.  It was also court ordered that the co parenting therapist will have access to our personal therapists and that we shall sign releases allowing this, which of course I have done and ex has not... .but co parenting therapist hasn't pushed for it either... .

We had a CE already.  It turned into a huge disastrous mess for me... .a whole other story! 
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Thunderstruck
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« Reply #3 on: July 31, 2015, 11:09:01 AM »

Read the order appointing the coparenting counselor and see if it states that the coparenting counselor is required to or expected to testify.
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"Rudeness is the weak person's imitation of strength."

"The sun shines and warms and lights us and we have no curiosity to know why this is so. But we ask the reason of all evil, of pain, and hunger, and mosquitos and silly people." -Ralph Waldo Emerson
livednlearned
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« Reply #4 on: July 31, 2015, 11:56:24 AM »

nowheretogo,

I remember you. How are you doing? 

My coparenting counselor had a waiver form -- most of these therapists are forensic psychologists who understand that they will likely be called into court. You probably signed something when you started working with her that said there was no guarantee of confidentiality and she would testify in court if subpoenaed. At least that's how it worked in my state.

We didn't continue working with her.

We ended up with a parenting coordinator. She testified in my case, and that testimony led to me getting full custody.

LnL
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Breathe.
nowheretogo
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Gender: Female
What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: married 11/2009, filed for divorce 11/2011; divorced 3/2013; primary custodian
Posts: 665



« Reply #5 on: July 31, 2015, 12:43:40 PM »

Hi livednlearned! 

It is so good to see you still here!   

I am doing so much better since my divorce OVER TWO YEARS AGO! Doing the right thing (click to insert in post)

The court order just says that we will attend co parenting under this particular counselor... .nothing else about it other than what I previously stated.  Do you think I should ask for a copy of the original paperwork I signed?  I know (part of) the whole purpose of this is to maybe to be able to help in court in the future, but just thought, gee... .all he has to do is say no, he doesn't agree to the counselor testifying and he'll get his way again... .

Will have to check with my attorney at some point, but just wondering at this point in the game.

Boy, I wish I could get full custody someday Smiling (click to insert in post)
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