What have you got to lose if you do this?  What have you got to gain?  Can the social worker be an ongoing resource for you?  

DH called CPS on BM once when she left the country and left then 14-year-old SS with a 17-year-old caregiver for 2 weeks.  Needless to say, it went nowhere. They took the report and then decided it was just fine to do.  As did the judge.

I would be very wary of making a CPS report during a custody battle. BM will undoubtedly spin it as an attempt on DH's part to get back at her.  Also - DH should be talking to the clinic, CPS etc.  For your own mental health, please don't try to fix this for him.  I speak from experience, you can't fix it.

My mantra is:  I didn't cause it, can't control, can't cure it. (Yes, I stole it from Al-Anon).  This is DH's problem to sort out. You can support and help but don't take it on in the way you are.

I know you probably don't want to hear this, but I think it's time to take a step back and let this battle play out how it will and start focusing on other things in your life.

It's kind of like life after a major tragedy or event, those first weeks/months everything is laser focused on that event and going over every detail and trying to figure out ways it could have been different.

As time passes you start to realize that the more you focus on it the crazier it makes you feel and it's a relief to put it aside and not focus on it as often.

I think you need to shift your focus, this battle will continue to be here and it will continue to fight until SS is 18, but it's time to start shifting your focus and letting this go as it may.

This is already affecting your health and mental state.

Considering she has already filed an ex parte hearing against your DH stating that SS is scared to be around you both, you guys filing this will appear to be tit for tat.

It escalates.  That's how they get attention and it escalates.

Also, I was watched the Stephen King miniseries IT from the 1990's the other day and I thought about you and your stepson.  You should watch it. One of the kids has a BM like in your situation.  He doesn't really have asthma but uses an inhaler with no real medicene in but camphor that smells like medicene.  The pharmacist tries to tell him when he reaches age 11-12 what his mom his doing to him.  So when he's an adult and he goes back to the town and he sees the pharmacist and he has that memory and realizes he has lived a life that is a lie and that he was never sick and fragile but that his mom was a sicko and that he never married and he never had kids was real eye opening for him in the book and in the miniseries.  But it made me think of your SS and his mom because that's where your SS is heading.  She tried to cut him off from friends and his dad and cripple him emotionally for her own selfish sick needs.  But in your case, it's not fiction.  It's playing out in real life.  So heck yes call the social worker  

Hey Just, I'm all behind you fighting for your SS and standing by your DH in whatever capacity he may need, I have done it, am doing it and would probably do it again.  As for a CPS case during a custody battle I have never been involved in something like that but I'm sure what others are saying is true that it would look skeptical, on the other hand the child is at risk so the question here is less what will it look like in court and more , what is the important goal here, the welfare of SS or visitation time, ending alienation etc?  The obvious answer here is the welfare of SS, I would report it, just know that it will be a difficult battle no matter how it looks to the court.  I'm still praying for all of you.

I totally get how frantic this feels, I used to feel that way too.  SS used to come into our room crying at night because BM had pressured him to lie to his attorney and he had done it.  It was horrible to watch what she was doing to him and be able to do nothing. She manipulated teachers and therapists and SS and everyone believed her.  I got way overinvolved in trying to support DH and we got absolutely nowhere.  50K in court and SS ended up alienated anyway.

The problem is that Family Court is not like real court, you know,  where evidence matters. If you even get to present any evidence, all that you've said is he-said, she -said.  You get your doctor's info submitted. She gets her doctor's info submitted. She gets a therapist you've never met to say SS is afraid of DH. In between that, there are 4 adjournments and flights to her area and 30 hours of attorney time, and the next thing you know, 50K is gone. 

And then you get a decision, which is that BM will keep custody and DH will get visits, no one cares about is he or isn't he really sick, he doesn't seem in danger, so who cares.  So here comes time for a visit, and BM says she won't send him because he's terrified and angry that no one believes he has an illness, so he's NOT GOING.  So DH again retains his attorney and files a motion and flies to her area, rinse repeat ...

There is no winning against a mother who is so determined to win that she will destroy her own son in the process. I'm not saying to give up - but to be realistic and spare yourself all the stress.

We so thought that truth would prevail in Family Court.  HAHA.  The best liar wins in Family Court.

CPS doesn't care about emotional abuse.  If SS isn't being illegally medicated, or receiving dangerous and unneeded medical procedures, they don't care.  They are required to intercede only when a child is in clear and immediate danger of harm.

Calling CPS when there is a pending court case looks vindictive.

But the judge will be interested in hearing BM's unsubstantiated claims about SS's "illnesses" and DH's evidence to the contrary.  The court may not label it what it is, but they'll be thinking it, if they're smart.  That's what happened in our case.

The word "Muncausens" is too controversial, and should be avoided.

DH's petition had this wording "Third, DH alleges that BM has expressed beliefs that she and SD suffer from a variety of medical maladies."  And then DH let BM run her mouth without any proof, and he had proof otherwise.  And he won.

If you're judge isn't willing to listen, there's nothing else you can do.

I don't think BM has MbP. She isn't making SS sick. She isn't (seemingly) using his "ailments" for attention for herself or to gain sympathy from others. My guess is that, outside court and your family, BM hasn't breathed a single word about SS being sick. If she had, no school or coach would take the risk of SS playing a sport. Most kids have to get physicals before they can play, and unless a doctor wants to risk their license, they won't exclude serious diseases from the record.

Just like with the accusations of abuse/neglect, she is using these ailments to alienate and punish DH. She is using everything she possibly can, and it's working unfortunately. I don't think you can nail her for MbP.

What you CAN do is something that Futuro mentioned above. Use the conflicting diagnoses to force BM to interact with DH when it comes to medical care. Force BM to make SS available for school conferences when DH is in town. Force BM to adhere to the custody agreement and sign the darned journal entry.

Remember, BM had to PROVE that DH is a danger. If he is, then she needs to explain WHY she let SS spend alone time with him less than a month ago. She needs to explain the other things, too, and the judge is likely not going to be happy that she has called them all back in front of court when he handed her EVERYTHING.

I don't know how this will play out, but I can't imagine that this judge will be happy with BM showing up proofless and not having had her attorney do the one thing he needed to: sign the darned journal entry. She may have overplayed her hand, and Podunk Attorney is throwing around wild accusations to help gain favor with the judge (and get more cash out of BM). BM is losing her grip, which means she is likely to slip up.

Here is the thing.

 The Socialworker  at the Hospital had ZERO authority tell you that you have grounds to open a case. SHE or HE is operating outside their scope of education. She didnt read medical  records, she didnt consult with Doctors, she did NOT Interview ss and she did not interview bm. 

YOUR going to do what you want to do.  

IF a Doctor thought ss was in danger he/she is required to notify cps. 

Here is another one....based on what YOU told the social worker at the hospital. SHE too is required to call cps. IF she thought ss was in danger of being at moms.  Did she?

You dont have to anwer that. ok?