EMERGENCY INJUCTIVE??

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Re: EMERGENCY INJUCTIVE??

Postby anonymous guest » Mon Apr 16, 2012 2:56 pm

Have you considered getting a full evaluation for autism for your son? Even if you don't think he has it, a full eval from specialists can be informative and may be what you need to stop the whole special ed process (or not).

Usually, you have a meeting to discuss eligibility for the IEP. Once it is determined that the kid is eligible, the IEP is drafted and implemented.

You keep mentioning how smart your kid is. Intelligence isn't always affected by autism (tho there are lots of low functioning autistic people). Autism is marked by impared social skills, speech/language delays and/or repetitive behaviors (to include lack of flexibility in things like schedules, and interests).

Call your Pedi and ask for recommendations where you can get a good evaluation. A full eval will usually be with a doc (medical, psych or neuro), speech doc, OT, and PT and will involve visits to school and home. Your insurance may pay for some of it and the ones I've seen use a sliding payment scale.

Your state probably has some advocates (usually volunteers) who know the special ed laws inside and out. My state has http://www.parentinformationcenter.org/ You could also contact them and ask questions about what happens with two parents disagree. I would bet that most of them deal with getting kids the services they need tho, so they may not be helpful.
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Re: EMERGENCY INJUCTIVE??

Postby jumbledone » Mon Apr 16, 2012 3:00 pm

Radio silence. Take the one call from her, let her rant for 30 seconds, inform her rant is over, and if she wants to talk to kiddo, now is the time, otherwise you will be disconnecting the call. Then do not engage again, no matter how mad she is. Let it go to voicemail.

She's going to be mad. Control freaks get mad when they cannot control everything.
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Re: EMERGENCY INJUCTIVE??

Postby Thoughts? » Mon Apr 16, 2012 3:14 pm

You did not commit willfull contempt. She took the child in for psych care without the joint conservator's consent.


Yes, you need to get that under control with the court's help. Otherwise she has no reason compelling her to play nice. Some contempt, lawyers fees, possibility of jail time might make her think twice in the future.



Disagree on that statement. His question was whether or not he should file a motion for emergency injunctive relief (also called an injunction, a civil restraining order, other terms). He has no emergency here. His child's health & welfare is not immediately at risk.

He has cause to file a motion for an injunction, but not on an emergency basis.

And DC, if you truly have joint legal, you have counter opins, she did not consult you on this, you objected to the eval, and she files for contempt, counter file for contempt & fees. Ask for clarification including tighter wording that both of you must consent to psych treatment. If you have anything you can subpoena about her mental health issues, as it's apparent she has some, that would be great.
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Re: EMERGENCY INJUCTIVE??

Postby dcourtney2006 » Mon Apr 16, 2012 3:27 pm

I filed my contempt on top of hers last week and is states exactly the point of these appointments without my consent.

Mine states if an agreement can not be made between both parties, as to school, medical, religion, then a mediator should be retained.

The NJ just quit a $54k job a year stating GRAVES disease..that is stress.Does that qualify as needing a evaluation?

And something has to be done about the NJ video camera every day outside my house when son gets picked up??
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Re: EMERGENCY INJUCTIVE??

Postby Thoughts? » Mon Apr 16, 2012 3:31 pm

It seems she has a pretty good idea on how to punch your buttons.

Why not wear a clown suit & perform for the video camera. Next day, go as bat man. Perhaps a good standup comedy routine?
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Re: EMERGENCY INJUCTIVE??

Postby Fatheroffour » Mon Apr 16, 2012 3:53 pm

I'd take the John Edwards approach. His booking photo looks like he's sitting for a portrait.

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Re: EMERGENCY INJUCTIVE??

Postby dcourtney2006 » Wed Apr 18, 2012 12:59 pm

The NJ went to school today and signed a form to allow the school to give our son the meds during school hours. I went to the clinical dept at his school and protested that the Father does not consent. The NJ did all this behind my back. The NJ listed reason for meds is Tourette's syndrome. He was tested in 2006 and it stated possible tourette's but goes on to state, "there is no clear diagnosis of any development disorder."

The NJ found a psychiatrist to support her bogis claim, but no evaluation was ever conducted.

What rights do I have if any? Call the school Board?? emergency injunction??
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Re: EMERGENCY INJUCTIVE??

Postby anonymous guest » Wed Apr 18, 2012 1:41 pm

Get a recommendation from your pedi (or local Easter Seals) for a good developmental psychologist/neurologist and have the your son evaluated.
Are you afraid he may have a disability?

It seems to me that you are trying to avoid the fact that he may have a disability and focusing on your NJs actions.

Why not get a good recommendation, get your son tested and then either face the facts and get him the support he needs, or use the evidence to stop your NJ?
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Re: EMERGENCY INJUCTIVE??

Postby dcourtney2006 » Wed Apr 18, 2012 2:15 pm

Hey Guests....I feel you may have missed the earlier notes on this subjuect. I am the parent trying to get the evaluations. The NJ is the one blocking the evaluations. The NJ is the one that continues to make appointments behind my back and then telling the doctors that he is autistic, asperger's, tourette's, ADHD, OCD, and motor ticks all which is been PROVEN he does not have.
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Re: EMERGENCY INJUCTIVE??

Postby Thoughts? » Wed Apr 18, 2012 2:23 pm

Your entire case & whether or not it is emergency and how you will appear to the bench hinges on one thing: Risk to the child.

If you have medical back-up, her taking him to appointments without your consent is possibly contempt & minimally will get the court to slap her and issue clarifying orders she's not to do that again. Her insisting on you taking him to appointments on your time is a no brainer -- you tell her she must check in advance, and you don't take him.

Re these drugs she gave to the school -- you mentioned earlier that you may be ok with a med for ADHD, if I recall correctly. Are these new drugs? What are the risks? She did it against your consent, right?

Tell us what drugs they are and what new thing has she done other than simply give a med to the court. Again, and I say this with emphasis, she knows how to push your buttons, and your entire case on whether or not it's an emergency, goes directly to showing risk to child.
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