Therapist won't see kids

[Wendy]

After waiting 3 weeks for the AP to return the consent form for the boys, 10 and 13, to see the therapist my husband chose, the therapist sent my husband an email stating she had received the consent form but also additional documents that have somehow swayed her to decline treating the boys! We are outraged! Have any of you been in a similar situation with the therapist you are using? I've never heard of such a thing and we have no idea what the AP submitted to her. Any input would be appreciated!

[Wendy]

My husband called the therapist right away but she hasn't called him back. It will probably take a call or subpoena from his attorney to get the documents. Most therapists won't reveal their records without one. Technically she hasn't been a hired therapist since no money or sessions have transpired so we might have a better chance regarding the patient therapist confidentiality. When it comes to parents and children, I think hiding any information is crap!

I agree with you Dennis!

[FAIR RULINGS]

In the majority of cases I've been exposed to usually a valid therapist will create a contract of sorts allowing all parties to sign as per stipulated agreement by all parties within the court.

Was there ever a stipulated agreement in court? Was there a contract? Is this therapist a board certified "expert witness" listed by the court? Do you have a copy of her curriculum vitae? For future reference you may wish to ask the last two questions of any potential therapist.

I'd compile a written request via certified mail writing the certified number under your letterhead and requesting that she respond within seven working days... If you do not receive a response from her it will be your belief that she is refusing to provide you with the additional documents that you believe are exculpatory to your cause of action and without the chance to refute said documents you'll have to request discovery of said documents.

This may light a fire under her #$*@ and provide you with a responsive letter for evidence in the case. Also do a background check with your state board pursuant to states protocols.

It's true you may end up having to file a subpoena and/or call her in as a witness. Check her out on your courts civil index to see if she's been sued previously, you'll be amazed what you may find. And if that doesn't work try the following:

[Dee]

My soon-to-be ex went through something similar with his daughters a year or so ago except that the therapist had already been seeing the children when she suddenly decided to refuse to treat them anymore based upon the fact that their biological mother got herself involved creating so many problems that the counselor wanted out.

A lot of this we didn't know about until we requested the full records from the office, which were like pulling teeth, but when the counselor wouldn't give them up we went to the office manager and threw a stink. once that was accomplished we went through them and discovered the counselor had not only been in cahoots with the childrens mother, but was doctoring the records to hide that fact.

In the end we filed a formal complaint with the office and they got ride of the counselor. So by all means, throw a fit until you get copies of ALL the records and don't take no for an answer. If the therapist says no, go to the office manager and keep climbing the ladder and throwing a stink until you get what you want. Remember, the wheel that makes the most noise gets greased first. So go make some noise!

GOOD LUCK!

~Dee~
Macomb County, MI

[Wendy]

Well, the therapist still has not produced the documents. My husband found another he is scheduled to see with the boys on the 22nd. AP was advised that the therapist wanted to see them all. My husband had to provide very little information about their needs and the situation so the therapist would even see them. So many now don't want to be involved in a domestic situation which might force them into court. It's disgusting how wimpy they are as "professionals". The kids need help! My husband's attorney advised opposing counsel that if her client blocked or interfered with the counseling process again, she would get an emergency hearing with the judge. This whole thing is just disgusting. Thanks for all your comments and suggestions :)

[FAIR RULINGS]

I asked once before but never got an answer... Was the therapist stipulated to by both parities? The reason I ask is because if this therapist was never agreed upon by both parties in the proceedings then you'll have a difficult time filing for an Ex Parte hearing and it's possible to get sanctioned for doing so, in a non emergency situation.

Was a subpoena ever issued for the documents? This will be critical, if my memory is up to par... I believe you'll need to look at Arizona Rules of Civil Procedure, Rule 45. It would seems to me if you haven't seen the documents yet then you don't know if anything has been blocked or interfered with.

You may need to file some sort of an OSC... Ask for Discovery... And file the appropriate subpoena requesting either the documents be surrendered and/or have the therapist provide them to the court on whatever date... Then get on your Harley's and ride like the wind...

[Wendy]

Sorry for not getting back to you - the AP agreed my husband could choose the therapist for the boys. However, as soon as he did she contacted the therapist and postured herself in such a way the therapist bowed out. Anyway, we've found a therapist now the boys are seeing and it's going well. We've had a real turn around with the boys' attitudes. Can't figure out why there's such a drastic change.....but we're grateful.

[FAIR RULINGS]

I was wondering if there was a stipulation not an agreement. You could run into problems down the road with the new therapist if he/she was not stipulated to or ordered by the court... If you plan on using he/she as an expert witness.

That's wonderful there's been a turn around... That's the greatest news because that's really what is important. I'll bet the two of you are sleeping better at night.

[Sarah]

I'm happy to hear the news, Wendy. I always try to plow ahead as a parent as I would have before the divorce, avoiding the courts and lawyers as much as humanly possible.