I have 100% custody of our 5 year old son. I want to move away with him to another state. I applied for a 3111 evaluation last august. The evaluator contacted both her and i over a month ago and she wont agree even though the judge ordered it. Do i have recourse to her refusal?
Yes, you can file a motion for contempt since she is violating a court order.
The information provided is for general educational purposes only and is not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney. Please consult with a competent attorney licensed to practice in your jurisdiction to provide you actual legal advice.
I would file a Request for Order, and ask that due to her refusal to participate in the Evaluation, you and your child be allowed to relocate forthwith.
The ex is the party deliberately blocking any information that could be gathered in the 3111 evaluation. If the mother wants no information provided to the court, that should not be a basis for denying the move away.
Go back and formally ask again, based on her conduct, which is not in the best interests of the c hild.
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline