Legal Question in Family Law in Virginia
Getting Court Ordered Counseling for non-custodial teenagers
I have two teen aged children in the custody of my ex-wife.
The visitation agreement is that visitation is at the discretion of the children. Recently it has become apparent that the custodial parent is negatively influencing their relationship with me which is against our agreement (it basically states each parent shall attempt to foster a healthy relationship between the children and the other parent). I am concerned that my relationship with my children may suffer significant damage if this continues. What I am considering is asking the court to order that both children and I attend counseling to build a healthier relationship. Is this unreasonable to ask of the court, have there been any known cases similar to this? Or perhaps I should request the court order a visitation schedule? At this point I am appaled that my daughter is being basically ''purchased'' by my ex-wife and she lacks the maturity to recognise what she is losing in the long term. My Son is pressured by her to schedule himself to work to avoid plans we make to avoid her taking the car away from him.
1 Answer from Attorneys
Re: Getting Court Ordered Counseling for non-custodial teenagers
Why would you need to involve the court in your decision to attend counseling with your children(assuming that you share legal custody with your former wife and therefore have the necessary authority to make such decisions in the lives of your children)?
However, if the foregoing is not the case and in fact you have no such authority, then a better approach(after reopening the divorce case) might be to bring the matter back before the court on a show cause motion if in fact your ex is willfully and deliberately in violation of the provisions of your PSA(Property Settlement Agreement)governing visitation.
During the hearing on the motion further remedies could then be considered, including counseling for you and the children, and ordered by the court if deemed appropriate.
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