Legal Question in Family Law in California
Children and Divorce
As a result of the divorce of my parents, my younger
siblings must meet with a psychologist once a month.
During their discussions with this psychologist they
discuss abuse(emotional) that happens when they are
visiting their father. The psychologist has done nothing
to report this to the courts and when we ask him to do
something, he says he has no authority to do so. My
question is: Is he allowed to just sit, listen and do
nothing? How should this situation be handled?
2 Answers from Attorneys
Re: Children and Divorce
You are refering to emotional abuse in your statement of facts. Emotional abuse is very difficult to prove. In a any case, and even more difficult to prove im a divorce case. A major problem in a custody case is that the children sometimes believe that one or both parents want hear that the other parent is abusing them. This can occur even when the parent or parents are very careful not to send this message.
I do not know if the counselor is required by law to report psychological abuse. However, he can reoprt such abuse to the family court, or CPS.
Re: Children and Divorce
An attorney can help you file an Order to Show Cause and bring this matter before the court. Mr. Johnson is right, the abuse you believe is occurring (we don't know the details) can be expensive and difficult to prove, but if you truly believe the children are being damaged, then it is worth a try.
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