Wednesday, July 10, 2013

Can I inform he judge of violations from the custodial parent at the hearing for modification and enforcement?

Q:  I've already filed petitions for modification and enforcement and my hearing is in August. My ex continues to violate the order. Should I file another enforcement/modification or can I mention these incidents to the judge during my hearing in August? Can I also request therapy for my daugther and I? I've tried to speak to my ex about providing therapy for our child but my ex continues to state that our child is ok and that her outbursts are because of me. Do I need to file a petition for the therapy request or can I ask the judge in the August hearing? I'm not able to afford an attorney so I am doing this pro se. Thank you in advance for any help provided. 

A:  David's Answer:  You have apparently posed this question on this forum several times. The answer is still the same: yes, you should file petitions covering subsequent violations. Also, there is no specific petition to file in order to request family counseling. Moreover, if you cannot afford an attorney, you should request assignment of counsel.  -- David Bliven, Westchester Family Law attorney (

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