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Jessica
Consultant
Legal Ease, Expert
Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.
Legal Ease, Expert
I am sorry to hear of this difficult situation.
Are you self representing?
How old is the child who doesn't want to speak to or see the other parent?
Legal Ease, Expert
The pre-trial is just where the judge tries to get you to settle. If they can't settle all of the issues they try to get you to settle some of the issues.
It is also for making sure that there are no outstanding issues such as a little relating to documentary disclosure for example.
You can go ahead with the pre-trial on the 24th or are you can I ask for an adjournment because you are in the process of looking for a lawyer and it is pretty well impossible to retain a lawyer now until January.
I can't know whether the judge will order that the father have access or not. It depends on all of the facts, But generally if you are taking the position that the child is afraid of the father and it is not in his best interest to see the father you will need expert testimony to prove this.
Does it help as a starting point?
Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.
Legal Ease, Expert
That would help but what you need is a court order for a custody/access assessment to be done by a psychologist where your little boy's voice can be heard in a safe environment.
Legal Ease, Expert
You can raise it at the pre-trial and see if the father will consent. If not ask the judge how you can go about doing this in the fastest way possible.
Legal Ease, Expert
You can ask the other side to consent. If they will not you can call the courthouse and ask if you can schedule a motion before that date to seek an adjournment.
Legal Ease, Expert
I am so sorry about that but not surprised.
Legal Ease, Expert
I understand.
You are very articulate and may do very well on your own if you need to go that route.
Legal Ease, Expert
Honestly, right now nothing.
But if this ends up in trial this will you as he won't end up being believed when it is your word against his
Legal Ease, Expert
This all builds your case.
Legal Ease, Expert
This is going to ruin your holidays. How terrible.
Legal Ease, Expert
Oh gosh.
I sincerely ***** ***** works out for these poor kids.
I have to stop now but can check back again tomorrow in case you still need me.
Legal Ease, Expert
Anytime.
Legal Ease, Expert
Yes I assume the judge would consider that very strongly.
And you should be reporting this to the police.
If you want to discuss this issue further would you mind starting another post? I only get paid once per post and you don't get charged more for starting your post so I would appreciate it if you could do that for me please.
Thanks
Legal Ease, Expert
Hmmm. I am not sure you can but you could try rating again I suppose.
Thanks!