My partner is currently working on filing an emergency motion for the fact that his ex partner has went against their

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Customer: My partner is currently working on filing an emergency motion for the fact that his ex partner has went against their separation agreement by withholding access to his child. In their separation agreement it states that he is able to have information about any health care professionals his son sees and is able to inquire from directly. His son was diagnosed with a speech delay and was briefly seeing a speech therapist- which he gave extra child support to the mother to cover this extraordinary cost. At the time he took her word as gospel but is now having doubts. He just recently asked her for the contact information of the speech therapist his son was seeing and she is denying him that information with the reasoning that "the child no longer sees the professional so he doesn't need to know that info". Is my partner able to include in the emergency motion that she is purposely withholding Healthcare information from my partner which violates a term of their separation agreement? She also refused to give him the name and contact information of the child's family doctor until recently, but still refuses to list him as guardian or on the emergency contact list at all.

Answered by JosephE322 in 5 mins 1 year ago

JosephE322

10+ years of experience

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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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JosephE322

8846 Satisfied customers

10+ years of experience

JosephE322

10+ years of experience

8846 Satisfied customers

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JosephE322, Expert

Hi and thank you for using JustAnswer. My name is ***** ***** I will be assisting you with your question.

Just a general disclaimer that this conversation is for informational purposes only. I am licensed lawyer; however, you would need to retain a lawyer to take any legal action and/or preserve any of your legal rights. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible.

JosephE322, Expert

Good evening– sorry to hear about your situation. Can you please clarify your legal question?

Customer

My partner has a domestic contract separation agreement with his ex. In the agreement it states he is to have access to all health, school, summer camp etc information about his child and can make inquiries whenever he would like. He also pays towards extra costs required with his sons extra costs like daycare, specialists etc. Last year his ex stated that his son was diagnosed with a speech delay and needed a costly speech therapist- he gave her the extra amount she requested and said she needed for his sons specialist. He recently found out that his son hasn't been seeing a specialist for awhile and the ex never notified him of this. With plenty of issues arising he decided to ask her for the speech therapists contact information so he can inquire about his sons diagnosis, recommendations, sessions etc. She has refused to give him the name or contact information of the speech therapist at all.

Customer

The screenshot attached is of her friend notifying me that she will not provide that information to my partner (she refuses to talk to him or me and uses her friend as a "third party" she demanded).

JosephE322, Expert

Quite the difficult situation. Your partner is taking the correct step to have the court enforce the domestic contract.

Customer

My partner is currently already in the process of filing a motion and affidavits since their settlement agreement was not registered in courts. He is also working on a motion without notice (emergency) for all of the terms if the agreement she has willingly went against including denying him access to his child- is he able to include without holding medical information like the special therapist and family doctor contacts something that should be mentioned to help with obtaining an emergency order?

JosephE322, Expert

Might as well include everything.

Customer

She is now refusing to tell him the name of the speech therapy program Matteo attending and said she will send him documents about it when she wants to- but that he isn't allowed to call the program himself to have all documents sent directly to him.

Customer

Is it a situation worthy to mention in an ex parte motion? Since affidavits are supposed to be short and sweet with the most important information he wants to be able to include only what would be detrimental to getting his emergency motion to have the child in his temporary care.

JosephE322, Expert

Including a line or two about it would help show a continual pattern of not following the agreement.

Customer

Ok thank you!

JosephE322, Expert

My pleasure. Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

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