Roseville, CA asked in Child Custody for California

Q: My gf was ordered (by no contest) a psych eval, but they are trying to force treatment. Can she refuse treatment?

my gf has battled sociopath ex for 7 years. He loves filing motions and never stops until he gets what he wants. Recently he requested psych evaluation for her and the kids for 3rd time, the judge historically denied stating out of scope. However this last time he filed so many things she forgot to respond to that so it was granted (no contest). She was just going to do the eval but the psychologist says he doesn't do only that, only evaluation/diagnosis and treatment. He and his lawyer are saying she has do it because it was in the RFO, but the court order states only evaluation for mother and kids, nothing about treatment. Facilitator told her it should be a 730 evaluation which doesn't match what they're pushing. Individual therapy is already ordered for everyone, reunification therapy with father failed, can she file to stop this evaluation/treatment since she never argued against it? She can't afford a lawyer unfortunately

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: You have the right to address discrepancies in the court order. Start by carefully reviewing the order to confirm it specifies only an evaluation for you and the children, without mentioning treatment. Gather any documentation that supports your understanding of the order.

Next, communicate your concerns directly with the psychologist, explaining that the court ordered an evaluation, not treatment. Make it clear that you intend to comply with the evaluation as required. If they continue to push for treatment, document these interactions for your records.

Consider filing a motion with the court to clarify the order and express that treatment was not stipulated. Since you can't afford a lawyer, reach out to local legal aid organizations or seek assistance from the court's self-help center. They can provide guidance on how to present your case effectively and ensure your rights are protected.

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