[CAN] How do I present concerns about my child’s exhaustion in trial when HCSTBEX dismisses all signs of fatigue?

I’m preparing for an upcoming parenting trial and would appreciate advice on how to properly bring forward concerns about my child’s constant exhaustion. I co-parent with my HCSTBEX and, for transparency, my current parenting time is supervised. The child is enrolled in a large number of extracurricular activities, and while activities can be great, it’s becoming clear that the overall load is too heavy.

During my parenting time, the child regularly shows clear signs of fatigue: nonstop yawning, low energy, difficulty staying focused, and wanting to sleep earlier than normal. This isn’t occasional tiredness — it’s consistent.

What complicates things is that whenever I try to raise this concern, HCSTBEX immediately dismisses the idea that the child is tired and replaces it with unrelated explanations. For example:

• “They’re yawning because they have too much CO₂.” • “They’re tired because they’re cold — I’m cold, so" they "must be cold too.”

These explanations don’t make medical or logical sense. If CO₂ imbalance were real, a doctor should be involved. And being cold doesn’t explain a long-term pattern of low energy.

It’s not just me observing this. People who directly work with the child have made similar comments independently: • the swim coach • the ballet teacher • the school teacher

Each has mentioned noticing low energy, difficulty sustaining focus, or the child becoming tired easily during activities.

My concern is how to properly present this pattern of obvious fatigue, combined with HCSTBEX’s repeated deflection, in court. Realistically, HCSTBEX isn’t going to adjust anything — even raising the issue leads to bizarre explanations and denial — so I’m not looking for communication strategies with her.

I want to understand:

• How do I introduce this pattern in a way the court will actually consider? • What kind of evidence or testimony is helpful in showing the child is exhausted and overscheduled? • Is it appropriate to bring up the odd explanations (CO₂, cold, etc.) to demonstrate HCSTBEX’s unwillingness or inability to recognize the child’s needs? • Would written statements from instructors be useful, or should I subpoena them if necessary?

I’m trying to focus on what is effective in a trial environment, not on arguing with someone who refuses to acknowledge the issue.

Any guidance from people who have gone through similar high-conflict trials — or from legal professionals — would be really helpful.

TLDR: My child shows consistent signs of exhaustion, confirmed by their swim coach, ballet teacher, and school teacher. HCSTBEX refuses to acknowledge it and instead gives bizarre explanations like “too much CO₂” or they're "cold because I’m cold.” Since raising it with her goes nowhere, I need advice on how to present this pattern and these third-party observations effectively in trial to show the child is overscheduled and not getting enough rest.

Posted Dec 8, 2025, 3:28 AM UTC

032
Loading comments…