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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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State of Colorado, Domestic Relations, Parental-Decision making.

Customer Question

State of Colorado, Domestic Relations, Parental-Decision making. Have been ongoing litigation per Motion to Modify from Joint Parenting to Sole-Decision maker. I am Petitioner (father), mother and attorney filed the Motion to Modify. Court orders CFI; CFI recommends psychological testing, thus Court Orders. Per the examiner's findings, I learn the mother is currently "in treatment" and taking medication for depression. A previous attempts to subpoena a former psych eval for same Decision-making contention, failed due to mother's non-payment to former examiner. Mother now claims to be "in treatment" by the former examiner she never paid. I believe that while mother is taking meds, they are not administered as part of a "treatment" and certainly NOT by former examiner. The Court Ordered examiner agreed that all data from the previous psych examination is relevant for a more accurate finding.

I again try a Motion to Compel the data from that former Psych Eval, stating CRCP 36(a) and 35. I question both the validity of mother's recent examination while taking "meds" and also believe Rule 35 clearly states all past and future examinations are privy for the Court. The Motion to Compel Psych Evaluations is denied by the Judge, stating my request for admission is not appropriate under Rule 36(a). I am pro se, and disagree. Do I file an appeal; or do I have to request those previous psych evals with proof of mother's currently alleged treatment and medication by some other form of Motion or Rule?
Submitted: 6 years ago.
Category: Family Law
Expert:  Joseph replied 6 years ago.

You can appeal the court's decision, but not yet. Appeals are generally based on final orders. The order denying your request is not in the nature of a final order. Once the pleadings are fully litigated and a final order is entered, you could appeal then.

 

So, you would need to wait for the matter to be concluded. If you disagreed with the final order, you could then appeal and one of the issues you would appeal the court's decision in denying your request.

 

Your only options right now are to accept the court's ruling for the time being and move forward or you could file a motion for re-hearing. Such a motion would be asking for a second chance to litigate the request for records. While you can try, such motions are not granted often, after all, you would be asking for the same thing from the same judge that just denied you.

 

Additionally, should there be some change in circumstances in the future, you could bring the issue up again. For example, should the mother's issues continue or if they became more relevant for some reason, this could constitute a change sufficient to have the issue reconsidered.

 

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Expert:  Joseph replied 6 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.