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Question
Posted by: Anon | 2011/06/08

Social Worker / psychologist

I came accross many judgments on the internet where a social worker or psychologist issued a report to the court and it was different to the family advocates report. I have spoken to quite a few social workers and psychologists and they all advised that they cannot make an accurate report based on only assessing one person and their report would be trown out of court. My ex will not co-operate so how do I get my ex and the children to see a psychologist or social worker

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Our expert says:
Expert ImageFamily law expert

Lodge and application to court. The court will order that your ex and the children be assessed by a psychologist.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
A:1st Floor, 56 Shortmarket Street, Cape Town, 8000
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za; W: www.divorceattorney.co.za; Blog: www.divorceattorneys.wordpress.com;
Twitter: www.twitter.com/edivorce;
Facebook: www.facebook.com/divorceattorneys

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Our users say:
Posted by: G-Dad | 2011/06/09

It depends if your ex has sole or full custody, then you can not take the children without the ex''s permission, if you do take them for examinations without a good reason and the ex permission you could prepare yourself for a load of trouble.
If a parenting plan was part of the settlement and both parents got equal rights then you still need the other parent''s consent.
Now for the tricky part, why do you want a new assessment done, have previous assessments been done to such an extend that if caused harm to the children, if so, I think you will fail with a children court order, if the ex can proof that you are not acting in the best interest of the children and that several assessments has been done in the past then there is a good chance that you will end up with a cost order against you.

You have to have a valid reason for any assessment, expanding your access rights might not be a valid reason or might not be in the best interest of the children, if all depends on the reason for this reporting requirements.

Reply to G-Dad
Posted by: FIO | 2011/06/08

Ask social workers or psychologists who have assessed the one party to contact the other for assessment.

However, you cannot force other party to go for assessment just because you want them to go. Is there a valid reason? If so, approach local childrens court to order assessment.

Also, depending on what responsibilities and rights you have, there is nothing stopping you from taking the children for assessment. If you have full responsibilities and rights you do not need ex''s permission to take children. But I do advise that you inform ex of your intention to do so, doing things on the sly is not advisable unless you have very good reason not to tell ex that could stand up in court.

You will then be able to get reports from specialists, which you can attach to an application to Childrens Court or High Court for whatever it is you feel needs to applied for.

What is your concern, why want children and ex assessed, and what do you want to achieve by having this done? You need to be very clear about what you want and why, otherwise it may seem as if you are taking a blind shot in the dark and hoping something will come of assessment that you can use against ex. Not a good idea to do this.

Reply to FIO
Posted by: family law expert | 2011/06/08

Lodge and application to court. The court will order that your ex and the children be assessed by a psychologist.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
A:1st Floor, 56 Shortmarket Street, Cape Town, 8000
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za; W: www.divorceattorney.co.za; Blog: www.divorceattorneys.wordpress.com;
Twitter: www.twitter.com/edivorce;
Facebook: www.facebook.com/divorceattorneys

Reply to family law expert

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