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An ex spouse took daughter by making false allegations in…

An ex spouse took daughter...
An ex spouse took daughter by making false allegations in order to obtain ex parte temporary emergency orders for sole custody. After leaving the state of AZ, daughter is taken to FL. The allegations were abuse,neglect substance abuse and dangerous home environment. In FL, daughter was brought to a psychologist for an assessment ( not court ordered) to see if neglect, abuse was present. Psychologist saw nothing wrong with daughter but since both ex spouse and daughter provided falsities about my history and behavior, psychologist diagnosed me with substance addiction that required full work up, only supervised visitation if at all, and behavioral issues. Psychologist never met or spoke to me. Do I have a claim for defamation, intentional emotional harm due to reckless disregard or is it medical malpractice? Can I sue my ex in law for relaying false information to psychologist, slander? The report by psychologist was very persuasive in court causing me emotional anguish and physical stress induced symptoms.
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Answered in 4 hours by:
3/27/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,840
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Psychologist saw nothing wrong with daughter but since both ex spouse and daughter provided falsities about my history and behavior, psychologist diagnosed me with substance addiction that required full work up, only supervised visitation if at all, and behavioral issues.

Response 1: Psychologist cannot diagnose someone that she/he has never seen. That is unethical behavior that needs to be reported to the licensing board.

Psychologist never met or spoke to me. Do I have a claim for defamation, intentional emotional harm due to reckless disregard

Response 2: Yes.

or is it medical malpractice?

Response 3: It is a malpractice, but not a medical one since a psychologist is not a medical doctor. It is a professional malpractice.

Can I sue my ex in law for relaying false information to psychologist, slander? The report by psychologist was very persuasive in court causing me emotional anguish and physical stress induced symptoms.

Response 4: Unfortunately, no because the information was related to a professional who is entitled to receive such information-- a privileged third party. Generally, in order to win a defamation suit, you must be able to prove all of the elements of defamation. Generally, you must be able to prove (1) that a defamatory statement was made against you; (2) that there was a unprivileged publication of the statement to a third party; (3) if the defamatory statement is a matter of public concern, fault amounting at least to negligence on the part of the publisher--this may not apply to if you are not a public figure; (4) then finally you have to prove that you suffered damages as a result of the defamation. As you can see, you do not meet the second element.

You may have a claim for Intentional Infliction of Emotional Distress. However, in order to prevail on a claim of Intentional Infliction of Emotional Distress, you need to show that (1) your ex acted intentionally or recklessly; (2) that your ex's actions were extreme and outrageous;(3) that your ex's actions were the cause (4) of your severe emotional distress, which would be evidenced by you going to doctors for medical treatment or seeking therapy. If you cannot prove all the four factors above, you would not prevail in your lawsuit for Intentional Infliction of Emotional Distress.

Best wishes,

A 5-star rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a 5-star rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,840
Experience: B.A.; M.B.A.; J.D.
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Customer reply replied 4 months ago
The claim for IIED: can I claim that against the psychologist? The psychologist did not perform within the standard of care = reckless as well as outside his scope of knowledge posing as a forensic psychologist = reckless. Psychologist knew that his report would likely result in Mother not gaining daughter back until at least a final hearing. Psychologist obviously did not read that Father did this ex parte. I had not even had chance to tefute Father yet. Psychologist report did not state opinion. He wrote it as fact regarding my diagnosis.My ex mother in law is not a witness or party in the case so far. Can i not claim slander for her lying to the psychologist or is her participation considered privileged?Does IIED only apply to Father? Is it outrageous to have a daughter for 9 years 99% of the time be taken in the middle of the night on a red eye flight because an ex lied effectively to a judge and obtained ex parte orders. I experienced what felt to be a kidnapping! I had no knowledge and no idea what ex parte was at the time. I was horrified. Now further emotional anguish and physical problems as a result of prolonged separation from daughter with additional specific manipulation examples from ex continuing my anguish. Daughter was taken across the country and no way for me to see her.Should a be pursuing a professional malpractice case againt the psychologist as well? I did already report him to the State Board in FL. If I have any claim against the Psychologist, do I file it in FL where psychologist works or can I file in my home state of AZ?
Customer reply replied 4 months ago
Because daughter was specifically taken to the psychologist for assessment and results used for legal purposes, I read that this report is Not privileged. Daughter was never going there to reveive treatment of a confidential nature. The Father himself took report to submit into evidence. So purpose of assessment was clear and not confidential. Assessment was not court ordered. Ex spouse and mother in law hand picked the psychologist. Given this information, may I claim defamation by Father, ex mother in law and psychologist?

Thank you for the information.

I am sorry for the delay in getting back to you. I was offline when your response came in.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

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The claim for IIED: can I claim that against the psychologist? The psychologist did not perform within the standard of care = reckless as well as outside his scope of knowledge posing as a forensic psychologist = reckless. Psychologist knew that his report would likely result in Mother not gaining daughter back until at least a final hearing. Psychologist obviously did not read that Father did this ex parte. I had not even had chance to tefute Father yet. Psychologist report did not state opinion. He wrote it as fact regarding my diagnosis.

Response 1: Yes, you can.

My ex mother in law is not a witness or party in the case so far. Can i not claim slander for her lying to the psychologist or is her participation considered privileged?

Response 2: You can based on the additional information that you have provided below.

Does IIED only apply to Father? Is it outrageous to have a daughter for 9 years 99% of the time be taken in the middle of the night on a red eye flight because an ex lied effectively to a judge and obtained ex parte orders. I experienced what felt to be a kidnapping! I had no knowledge and no idea what ex parte was at the time. I was horrified. Now further emotional anguish and physical problems as a result of prolonged separation from daughter with additional specific manipulation examples from ex continuing my anguish. Daughter was taken across the country and no way for me to see her.

Response 3: No, it does not. You can sue other parties in the case for IIED.

Should a be pursuing a professional malpractice case againt the psychologist as well?

Response 4: Yes.

I did already report him to the State Board in FL. If I have any claim against the Psychologist, do I file it in FL where psychologist works or can I file in my home state of AZ?

Response 5: In Florida.

Because daughter was specifically taken to the psychologist for assessment and results used for legal purposes, I read that this report is Not privileged. Daughter was never going there to reveive treatment of a confidential nature. The Father himself took report to submit into evidence. So purpose of assessment was clear and not confidential. Assessment was not court ordered. Ex spouse and mother in law hand picked the psychologist. Given this information, may I claim defamation by Father, ex mother in law and psychologist?

Response 6: Yes, you may.

Best wishes,

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Customer reply replied 4 months ago
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