Legal Question in Family Law in Washington

Requesting Court to Order a Psychiatric Evaluation

I am a divorced father of two children. Their mother has custody, but we have joint decision making in all areas. She has been found in contempt once three years ago, for withholding visitation and blocking me from access to medical records. Since that time, she has taken the children to numerous Doctors, with false claims of illness, and has demonstrated several other disturbing patterns, all of which indicate mental health issues. I have documentation to show that this is the case. In the past she has been diagnosed with severe chemical imbalances and depression, but refuses to seek help or take medications that are prescribed. I can see that my chidren are starting to be adversly affected by these issues, and I am preparing to obtain an attorney and go back to court soon. I am wondering what circumstances would warrant a request to the Judge for her to undergo a Court Ordered Psychiatric Evaluation to ensure that my children are provided adequate care while in her custody. Thank you


Asked on 8/30/05, 7:11 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Requesting Court to Order a Psychiatric Evaluation

There is a broad range of acts by a parent that would justify a court ordering a psychiatric/psychological examination of a parent, some would be evidence of violence directed at the child(ren) or the other parent, abusive use of conflict (a broad expression describing situations of a parent using the child as a weapon against the other parent, or using conflict for the purpose of manipulation). Evidence of a pattern of criminal behavior. Evidence of some problem is generally required to get a court to order an evaluation (although the amount of evidence required is not large and the burden of proof is not high). About 1/4 of my practice is each of King County, Pierce County, Snohomish County Courts, and the other 1/4 is in other counties and Federal Courts.

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Answered on 8/31/05, 1:52 am


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