My question involves a child custody case from the State of: Texas
I've been going to a parenting coordinator with the other parent of my child. We have a final order in place. Recently, the other parent has decided that neither what I have to say or the parenting coordinator have to say matters, and that they will do whatever they wish with our child absent a judge's orders. The other parent has said some pretty outrageous things that show the best interest of our child is not of any importance. I believe that the other parent has been emboldened by the fairly clear language in our order as well as in the Texas Family Code that says the Parenting Coordinator may not testify or act as a witness, nor may the PC records be subpoenaed. The order also says that parenting coordination is private, confidential, and privileged except as provided by applicable law (which I would assume means a duty to report abuse, etc).
However, the PC had previously stated that sending notes to our lawyers or the court could impact any future case if we were impeding the process in some way. My lawyer who has unfortunately since retired told me that if the PC sees that the other parent is unfit that it could have a great impact on updating our order in the future. I'm just curious how this is possible since there seem to be pretty explicit rules in place prohibiting the PC from testifying or having records used as evidence. Could the PC provide me with documentation at my request that I could use as evidence, getting around the fact that the PC's records themselves can't be subpoenaed? How does the opinion of the PC play into any potential court proceedings if it does at all?
Thank you for any insight or advice.
I've been going to a parenting coordinator with the other parent of my child. We have a final order in place. Recently, the other parent has decided that neither what I have to say or the parenting coordinator have to say matters, and that they will do whatever they wish with our child absent a judge's orders. The other parent has said some pretty outrageous things that show the best interest of our child is not of any importance. I believe that the other parent has been emboldened by the fairly clear language in our order as well as in the Texas Family Code that says the Parenting Coordinator may not testify or act as a witness, nor may the PC records be subpoenaed. The order also says that parenting coordination is private, confidential, and privileged except as provided by applicable law (which I would assume means a duty to report abuse, etc).
However, the PC had previously stated that sending notes to our lawyers or the court could impact any future case if we were impeding the process in some way. My lawyer who has unfortunately since retired told me that if the PC sees that the other parent is unfit that it could have a great impact on updating our order in the future. I'm just curious how this is possible since there seem to be pretty explicit rules in place prohibiting the PC from testifying or having records used as evidence. Could the PC provide me with documentation at my request that I could use as evidence, getting around the fact that the PC's records themselves can't be subpoenaed? How does the opinion of the PC play into any potential court proceedings if it does at all?
Thank you for any insight or advice.
Modification of Custody: Parenting Coordinator Testimony in Court
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