We currently have no final orders in place. Under family law, are we able to have a cognitive ability test (and any other testing deemed needed) without the other parent's permission?
The child is really struggling and it's quite evident that there are issues. Processing delays were picked up almost immediately during the child inclusive conference. We've been asking the other parent for quite some time, but have been told either the child is doing well or now because the court process has started that they are doing "extra classes".
As far as we are aware, no formal testing has been done.
You state you do not have final Family Court Orders. In the court orders you do have or does it state that 'where medical, Educational and other major decisions regarding the child's, both parents permission must equally be in agreement.'?
Cognitive ability test will not help your child. This tests only how the child thinks as in perspective, perception, etc. The correct specialist you need is an Educational Consultant. They come to your home and test your child in a fun light way and do a Clinical evaluation of Language fundamentals,Receptive language skill test - which tests receptive Language, Expressive Language, concepts and Directions, Word Classes, Semantic Relationships, , inventory of Literacy testing, Speech Pathology test, Auditory Memory test, Expressive Language, Psychological Assessment, IQ testing etc. It lasts for 4 hours.
You then get give a report of where your child is having difficulties, in what areas as well as what your child is good at. Ways and methods for you and the school ( teachers) to be use so that your child comprehends. They will also recommend if your child requires a Speech Therapist which are not just used because a child has a lisp or has pronunciation difficulties but assist the child, you and education system or school to teach your child using their abilities to comprehend.
Each child / person has a different way of learning.
My ex ( and he is a male) would not allow me to take our child to a paediatric consultant, as she had comprehension problems, would not allow any tests to be done. Her foot was broken whilst in his care and wouldn't allow me to take her to the doctors, have it x rayed, nothing. So when I had her, I took her to the necessary specialists, tests and doctors. It meant at times I could not return her at 5 pm but I always emailed and texted him to allow me to be seen, told him why we were going to be late, etc. because as far as I was concerned if any of my children required help whether it was to see a doctor, have her tested as it sounds as if your child needs help.
I would just take them making appointments because that's what a caring parent does! And it is in the best interest of the child. Only thing is you, like I did, may have to pay the full amount regarding specialists fees but that's nothing compared to seeing your child struggle not just at school but outside school when they have a comprehension problem.
So look for an Educational Consultant. Any parent, male or female who wants to stick their heads in the sand and not assist and find help for their child or won't have the decency to place their child's needs and difficulties before their own wonder world of delusional perfection, then that's their problem, not the child's.
I hope in the best interest of the child you will seek help for them and that is what parenting is all about including Family Court. Go help your child.