Ohmer

Nature of Proceeding:

Petitioner, mother of child, seeks to restrain the trial court from proceeding with hearing upon an order to show cause obtained by the father of the child to modify prior child custody order. Petitioner claims the trial court improperly denied her third request for continuance of the hearing and denied her the right of cross-examination of the trial court’s custody investigator and of the trial court’s panel psychiatrist. We deny the petition and discharge the alternative writ.

Procedural Background:

On August 31, 1982, father of child petitioned for an order to show cause. The matter was set for hearing in September 1982. The matter was not heard but instead referred to the conciliation court where on September 28, 1982, the matter was by stipulation of the parties referred to the psychiatrist for his evaluation and report and by subsequent stipulation submitted to the custody investigator for the court for investigation and report. The matter eventually came before the trial court for hearing on the order to show cause on March 8, 1983, some seven months after the father’s petition therefor. On that date, the mother, petitioner here, moved to…