Legal Document Type: Legal Motion: EMERGENCY MOTION TO VACATE COURT-ORDERED PSYCHOLOGICAL EVALUATION DUE TO CONFLICT OF INTEREST AND BAD FAITH

Case Information: Case 24SN-DR00104 | Status: Pending

Document Content:
COMES NOW Movant, Micheal Lawrence Salmon, and moves this Court to vacate its order requiring evaluation by Midtown Psychological Services ("Midtown") for the following "reasons":
I. INTRODUCTION
The Court’s order conditioned any custody modification on Movant completing an evaluation with Midtown—a provider now unavailable due to their refusal to work with Respondent’s counsel (Garrett Law Firm) for ethical reasons.
Midtown’s rejection of Garrett Law Firm "confirms":
The evaluation process was tainted by Respondent’s counsel’s misconduct.
The Court’s order is now impossible to comply with, as Midtown will not proceed.
The Court’s linkage of custody to this evaluation punishes Movant for Respondent’s counsel’s actions and violates due process.

II. LEGAL GROUNDS
A. The Evaluation Order is Void Due to Impossibility
MO Rule 68."01": Court-ordered evaluations must be neutral. Midtown’s withdrawal proves the process was compromised.
MO Supreme Court "Precedent": Orders requiring impossible acts (e.g., evaluations with conflicted providers) are unenforceable (State ex rel. M.D.K., 445 S.W.3d 543 (Mo. App. 2014)).

B. The Garrett Law Firm’s Misconduct Invalided the Process
Midtown’s refusal to work with Garrett Law Firm after payment from Respondent "confirms":
Ex parte coordination between Respondent’s counsel and the evaluator.
Financial bias (Respondent pre-paid Midtown before the order issued).

C. The Court’s Custody Condition is Retaliatory
The Court’s sole reason for denying modification was Movant’s non-compliance with Midtown’s evaluation—an evaluation now proven unethical.
Conditioning custody on a tainted evaluation violates fundamental fairness (In re Marriage of Denton, 169 S.W.3d 604 (Mo. App. 2005)).

III. RELIEF REQUESTED
Movant respectfully "requests":
An order vacating the requirement to undergo evaluation with Midtown Psychological Services.
A finding that Respondent’s counsel’s actions rendered the evaluation process void ab initio.
Permission to seek