Legal Question in Family Law in California
I am a male single parent of a now 14 year old son. When I went for custody originally the court made me primary custodial parent and ordered the mother, who had a history of physical child abuse towards her 2 daughters from a previous marriage, into anger management. Later we went to mediation to have a more amicable relationship for the sake of our son, Our son is autistic and has Aspbergers and has been in Special Ed since first grade. He lives with me primarily as he loves me and the house which he has lived in since birth and I attend all his school activities and IEP meetings and the mother attends none and is in complete denial about his condition. Lately my son has been telling me he is feelling a lot of "pain" becasue his mom keeps talking bad about me and doing all the things that were forbidden by the mediation agreement. She also took him to a counselor without consulting me which is also forbidden by the mediation agreement. I told the counseling office that they had no business talking with my son without my consent and now the mother is getting crazy and threatening to take me back to court which I have no idea why. Bottom line is that she is in denial about my son's condition and did not even mention it to the counselor. She has never attended his school meetings for Special Education and is in complete denial. How can I go about the mediation agreement being modified to keep him from being exposed to the pain she is causing him and also make the court aware she is in violation of the mediation agreement Section 3048.
1 Answer from Attorneys
I would show the counselor the court order that states what you have said and inform them that they are seeing your son without your permission, as required, and are in violation of your parental rights.