The child therapist recently reported her twice to CPS and at every visit insists I go back for custody. The T feels horrible for the kids and all the trauma that mom is causing... .I will just sum it up by saying that mom was charged with domestic violence, assault, and has been reported to CPS 4 times. Investigated by CPS twice.
Frankly, why not listen to the therapist? Courts can require a waiting period before you can return to court, often a year. But if there is urgency as it appears here then it can be an exception to the standard process. Even if you can't get custody immediately, you can ask for
emergency or interim custody while the case makes its way through the process.
My UXBPDw withdrew consent for the T to treat our kids but according to our parenting plan, she must go through the family physician before a change can be made in mental health professionals. The family physician knows what is going and recommended the kids go back to the T. But UXBPDw still disagrees with family physician so the process is taking a lot longer to sort itself out but meanwhile the kids aren't seeing any T. The T was extremely helpful every week to rejoin the kids affection for me and undo all the damage my UXBPDw did in the past week.
The longer you wait to stem the 'bleeding' the more time Ex has to continue undermining your child's perceptions, conclusions and actions.
I can only hope my D7 will see what damage my ex is causing.
She's just a child. Her depth of understanding is limited. And though the T and you can help 'reset' her perceptions then Ex just starts in on her all over again. She is so young that intense emotional manipulation can overwhelm her sense of logic and common sense. This reminds me of a story related in Richard Warshak's
Divorce Poison when a 5 year old girl hugged her grandmother, whispered "whatever I say I mean the opposite", pulled away and then started shouting "I hate you!". That was the child's way of coping with the intense pressuring. Of course, the risk is that over time a child can be convinced of the blaming. That's a risk you face.
Decades ago there was an attempt to recognize Parental Alienation (and Syndrome if the alienation is successful) by Richard Gardiner but it always got a lot of pushback by the medical health community.
There's a thread here about Dr Craig Childress who more recently has approached PA from a different angle, that it's an
attachment issue and a form of
child abuse and that strategy may succeed where Gardiner failed since those are already recognized concepts. Maybe you, the T and your lawyer can look into this more recent perspective to bolster your case seeking custody to limit the damage to your daughter. If you can get emergency or temporary custody during the case then more help for your daughter will start sooner. And if you can get an interim order then try to get modifications to the ordered phone contact.