What are the pertinent questions our lawyer should be asking opposing council regarding why mom wants to daughter to stay in the school she is currently attending? In a nutshell, daughter has been in private school for 2 years (she is 7) but was recently diagnosed with ADHD and is also one year behind (according to testing). The public school offers an IEP where the private school does not. Dad is residntail parent which was awarded on the terms daughter goes to private school until 3rd grade (this was before diagnosis). Dad wants her switched now and mom is putting up a fight. Some other factors are - we have her more, more children in our area that go to the local school, public school starts later, no kids at her moms (she lives in an apartment, we don't)

Thanks!

What are the pertinent questions our lawyer should be asking opposing council ...

Why would your attorney want to ask apposing counsel anything about it? Your attorney could send OC an interrogatory to that effect, but what's the point?

Let me rephrase. We are going to trial regarding this and want to ask the mom the questions. We don't think she has her daughters best interest in mind.

Explain your position. If she wants to testify against it, you can cross-examine her.

Don't get me wrong. Preparation for the trial by engaging in discovery addressed to this issue is a good idea. But is your lawyer unable to frame pertinent questions (Such as "describe all facts which would support your position that ...")?

Consider taking her deposition. Ask her things like "You want [daughter] to continue attending [present school]. Why?

He is definitely doing all the right things. We are trying to think outside the box because she is against the move even though the new school can provide way more help than the current school. She is saying no for selfish reason (screws up her schedule, more time will be had with dad, etc). Trying to cover all our bases!

To get suggestions on what to ask the mother, you need to get your daughter examined by someone trained in dealing with her condition. This professional can advise your attorney as to what to ask.

You should also suggest that the court appoint a GAL to represent your daughter's interests.

I have a psychologist friend in the Boston area whose entire career consists of evaluating children in such situations, mostly in school disputes.