Consent Order-Visitation


#1

My 11 year old son’s father and I are in the process of agreement on a consent order. To make a long story short due to past issues it has been over a year since they have had regular visitation because his father dropped the ball. However, my son does not feel comfortable visiting with him and we are now going through supervised visitation and have a therapist involved as well. During the last therapist visit his father told the therapist that he would agree to continue therapy sessions and the supervised visitation until my son felt comfortable going on unsupervised visits. The therapist wrote a letter asking for this to be included in the consent order. My son’s father’s attorney is saying that even though the father agreed to do this that there is case law that states that this cannot be worded this way in the consent order and that this type of decision in regards to therapy or visitation cannot be left up to a child or therapist per this case law. Is this true? How would I handle this now?


#2

A consent order requires the agreement of the parties. A therapist’s opinion cannot be included as if it was ordered. The two of you can word the Order to say that you two have agreed to supervised visitation for a period of time.


#3

Thanks! That helps alot!


#4

You are welcome, I wish you the best.