Q: My ex has repeatedly encouraged my daughter to disregard the visitation schedule with me and has encouraged her to make plans during my scheduled time. I’ve petitioned the court several times and though the court has acknowledged that there has been interference, nothing has changed and my ex continues to disobey the order. My ex has ignored the order by choosing to make other plans for my son during my scheduled visitation, not informing me when he was sick/gone to the doctor, and as far as enrolling our daughter in an out of state boarding school. (we have joint legal custody). My daughter has now chosen to not communicate with me and my ex continues to keep me out of the loop. Can I Petition the court for a forensic evaluator to determine if there has been Parental Alienation? I am not sure of what course of action to take since my child is now at a boarding school.
A: It’s not so much that yo would “file a petition” for the forensic, instead you’d file a petition for modification/enforcement of the prior order. Then, you’d file a motion for the forensic, whereby the Judge would make a formal ruling. Bear in mind it remains in the discretion of the Judge (subject to appeal) whether to grant the motion or not. Schedule a consult with a Westchester Child Custody attorney for a full assessment.