I am not in agreement with ending treatment and their therapist recommends continued treatment. We have 50/50 on medical. For some reason I am under the impression that because it is current, agreed upon treatment, that she will have to file a motion with the court if she wishes to remove them from therapy. I plan to continue bringing them to their appointments on my days until I am ordered by a judge to stop. Will I be held in contempt? And if the therapist backs me up in court what is the likelihood that a judge would side with my ex to pull them out?
If you have joint custody, that means you both have an equal say so and input over major decisions involving your children's upbringing, including health decisions, school choice and religion if you think your children needs therapy and your ex doesn't agree, file a motion to address this issue with the court and request that you be given sole custody and medical/ health decisions going forward.
It isn't clear from your answer whether or not the treatment has been addressed in a prior court order. This is important if you are worried about contempt. Without speaking to the details of your specific case, contempt is generally intentional misconduct concerning the court (often times the intentional disregard of a court order). If your ex unilaterally ends court ordered treatment absent a court order, then she would arguably be in contempt. If there is not a court order addressing treatment, then you won't be in contempt for keeping the treatment going. Joint legal custody means that both parents have to discuss and agree on these types of treatments. If there is no court order addressing treatment, you should consider making a motion to have the issue addressed. Of course, this advice is just based on assumptions contained within your question, and I would urge you to speak with a family law attorney to discuss your case at more length. Best of luck.
In accordance with the Avvo community, this response does not constitute legal advice nor does it create an attorney-client relationship. You are encouraged to seek counsel in the area of the law pertinent to your question.
It is important that the therapist recommends continuing with treatment. It appears to me that you are probably not at risk for contempt since it was agreed upon treatment and the therapist thinks it should continue. I would suggest your asking the therapist for a brief letter report setting forth why he/she thinks the treatment should continue so that you have that in your file in the event of future litigation on the issue. You should send a copy of the report to your ex. Such a report will also be important in the event a guardian ad litem is appointed in the future and he/she is investigating the issue and it will be useful for any court review of the issue.
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