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Author Topic: Right to approve mental health care  (Read 437 times)
worriedStepmom
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« on: June 16, 2020, 06:02:51 PM »

It's summer again, which means we're headed back to court. 

SD13's uBPDmom has officially hired a lawyer.  The L told her she can't file for a custody modification yet, but she is planning to file soon to ask for equal rights to approve mental health care.  When H got primary custody 2 years ago, he made sure he had sole rights to mental health care (uBPDmom didn't show up to that hearing).

I think it's a little weird that she wants *this* issue to be her first appearance in court.  SD hasn't gone to therapy in a few months because she is doing well and mom has been behaving.  From the beginning, uBPDmom wanted "family therapy" with SD with a T of her choosing.  H and I believe "family therapy" is code for "convince SD that mom didn't do anything wrong".

Has anyone else had to fight this battle?  What kind of evidence did you have?

I can use uBPDmom's own words to show that
*she filed unfounded complaints with the state licensing board against SD's current T
*she tried to get SD's current T fired after only 1 session with SD
*she has spewed all kinds of horrid nonsense against SD's current T, both to H and to SD
*she has tried to cancel SD's appointments with current T
*she instructed H not to tell her whether or not SD has appointments with current T
*she was extremely emotionally abusive to SD the one time H agreed that uBPDmom could attend a session with SD's T
*she repeatedly cancelled sessions where uBPDmom was supposed to sit with SD's current T

and I can testify that the time uBPDmom attended the T session, SD passed up her mom and climbed into my lap and cried and cried, and that mom was so angry after she spoke with the T that she slammed out of the room without even looking for SD to say goodbye.

I'm not sure whether we'll need to provide evidence that family therapy isn't the right fit.

I welcome anyone else's experiences with this particular issue.
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livednlearned
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« Reply #1 on: June 17, 2020, 08:40:05 AM »

It's summer again, which means we're headed back to court.


 Smiling (click to insert in post) Laugh out loud (click to insert in post)

I think it's a little weird that she wants *this* issue to be her first appearance in court...mom has been behaving

It's probably very challenging for her to behave well so every minute, every hour, every day adds up to a lot of effort and that means it's time to be rewarded.

My ex wanted the same when he stopped drinking for 5 days straight.

Has anyone else had to fight this battle?  What kind of evidence did you have?

Is your L concerned? The sad thing is that anyone can file for seemingly anything. Even with the gatekeeping order my judge issued against n/BPDx, stuff still got through. The only saving grace were emails from my L saying "you don't even need to show up for this" whenever ex got up to something new. Granted, that was toward the end of the four years so I had built up an extra layer of skin.

I can use uBPDmom's own words to show that
*she filed unfounded complaints with the state licensing board against SD's current T
*she tried to get SD's current T fired after only 1 session with SD
*she has spewed all kinds of horrid nonsense against SD's current T, both to H and to SD
*she has tried to cancel SD's appointments with current T
*she instructed H not to tell her whether or not SD has appointments with current T
*she was extremely emotionally abusive to SD the one time H agreed that uBPDmom could attend a session with SD's T
*she repeatedly cancelled sessions where uBPDmom was supposed to sit with SD's current T

That might be worth sharing with just the L so he/she can get a sense of the kind of client this is.

I welcome anyone else's experiences with this particular issue.

I might wait to find out under what changes in circumstance she even feels this modification is justified...
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worriedStepmom
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« Reply #2 on: June 18, 2020, 10:31:35 AM »

The motion hasn't been filed yet - she just warned us about it.  We generally get very up-to-date information about what she discussed with her lawyer.  Laugh out loud (click to insert in post)

I don't think she has a chance in heck of winning this motion.  H will call our L after the motion is filed and we get copies.  I am going to spend time this weekend pulling out the documentation I already have specific to mental health so we can send it to our L so she can decide how to proceed.
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mart555
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« Reply #3 on: June 18, 2020, 02:23:50 PM »

Your evidence and status quo seems to be more than sufficient to address that one.. so it will likely "only" turn out into a waste of money and time.  Once dispatched, you'll likely be able to use it as ammo for the "summer 2021 motion"...
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GaGrl
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« Reply #4 on: June 18, 2020, 02:33:52 PM »

If your L provides that documentation to her L, she may be advised to drop the motion and not waste everyone's time and money.
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mama-wolf
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« Reply #5 on: June 19, 2020, 06:42:43 AM »

I don't think she has a chance in heck of winning this motion.  H will call our L after the motion is filed and we get copies.  I am going to spend time this weekend pulling out the documentation I already have specific to mental health so we can send it to our L so she can decide how to proceed.

It's sounding like this might go nowhere, but I really understand the frustration of having to deal with it at all--and the possible anxiety of "what if it does"...It's good that you're doing some prep work just in case.  I find doing that helps me, too.

What I can tell you about my experience with therapy for the kids (especially D11) and family therapy is that uBPDxw has definitely had it out for D11's previous T.  Ever since it became clear that she was not going to just "fix" D11 into complying and accepting uBPDxw's inappropriate behaviors, uBPDxw has been questioning her qualifications and even threatening to file a complaint to the licensing board.  She tried to make it a requirement in our separation agreement that then-D9 stop seeing that T and start with a new one.  I was able to argue that the established therapeutic relationship was too important during a time of major upheaval with the family going through divorce, so she lost on that point...at least until the eating disorder behaviors began, at which point we needed to shift to someone with a different expertise.

I did agree at that point that family therapy would be needed in order to attempt a repair between then-D9 and uBPDxw.  If we were where we are today and had not yet already been engaged in family T--and certainly if we were where you describe with SD13--then I would say no way to it.  But back then, it made sense to try, and at this point it still serves a purpose even though for the moment the focus can clearly no longer be D11 and uBPDxw's relationship.  uBPDxw would never agree to any family therapist that I tried to propose, though, so we had the benefit of having our PC appoint one. 

It doesn't look like it's going to come to that for you, but of it does then I would hope/advise that:

    1)   A neutral third party be appointed to select the provider
    2)  Release of Information forms get signed so that the family T can communicate with all therapists working with any of you throughout the process--especially SD13's T and uBPDmom's T (I'm guessing she has one?)

The family T's focus will be on the entire family system.  Talking to and working with each of you individually would be important, but I have found it equally critical for our family T to speak to other clinical professionals involved in the case.  It helps shine a light very quickly on inconsistencies, information gaps, etc.  Plus, any work the family T may do would probably have an impact on SD13, and being in contact with her T would help to navigate the least damaging path.  I say "least damaging" since "most effective" just doesn't fit in these situations...just like with my D11 and uBPDxw, it doesn't sound like there's actually any chance of repair there, so the question would be how to contain things as much as possible to get SD13 through it.

I'm sending positive thoughts your way in hopes that this just goes away for you!

mw
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