[freeriley]

The Father and Grandparents are keeping My two year old and I away from each other. There are no custody orders in place yet. The grandparents and father have very close family ties with the very small city police department, Overland PD. I have contacted the grandparents to inform them that keeping either of the parnets out of Riley's life is not healthy for her. They have made a choice to ignore the best interest of Riley. Again the family has very very close ties to the Overland Police department in which the family also resides in. I went to OPD to tell them I wanted to check on the safety and have a welfare check done to make sure my daughter was safe and sound. The OPD refused to let me even see my daughter. How can this be just.

[chefpierce]

Was there a court order restraining you from seeing your son? Legally, that's what would seem the case, but unless a judge said no contact, there really isn't any reason for them preventing you... if anything, if the child was in your custody (or the father's) and the grandparents aren't allowing you to see him it's a kidnapping matter, but that's pretty extreme. I don't know all the circumstances surrounding your issue, but if you have custody, they cannot stop you.

[Fr_Chuck]

Why did father and grandparents have child to start with ?

Police have nothing to do with it, unless you are tresspassing on grandparents property

When is your next court date to try and establish custody and visititation ?

[ScottGem]

We do need some more background here. But I assume the father took the child for visitation and is now refusing you access.

So you go to the COUNTY court and file for emergency custody. You also go to the COUNTY Family services agency and ask that this be investigated. You go to the FBI and see if they will investigate as parental kidnapping (long shot).

The local PD is not going to do anything since this is a civil matter. Whether they are protecting the family or not. So they can hide behind that fact. But if you get a court order awarding you custody, you can get the state cops to accompany you to pick up the child.

Now the question is whether you can get such a court order. That we can't answer without knowing more background.

[freeriley]

There is no custody order yet. I have it recorded with the officer [name removed} of Overland city MO Police department saying he will not let me see my daughter Riley to check on her safety. I also had a wittness with me when he lied saying there was an order of protection against the family. And that is not so. The father and I consented to a TRO done by my at the time lawyer {name removed} child is being kept at the grandmothers house. The order is for the father and I not to speak to each other or threaten each other. I am being blocked in every way from even supporting Riley. How can I get to physicly see my daughter and record any bruises if at all.

I made a true report on the father for sexualy abusing Riley.He forced me to watch him do something while holding me down on the couch by my neck.The child was put in foster care.There is physical evidence of what he did.It was conceled by OPD.

The OPD also refused to press charges against him. I have a safe and wonderful home, and I work. I never missed my visits. The family services pressed charges against him. Before the court date against the father less than 2 months later CPS dropped

Charges on the father and CPS NEVER called me the non offending parent regarding her release. They instead called the father and released the child to her. Now the grandmother has been caring for my daughter for 5 days now.

{Comments merged-<>}

[chefpierce]

No contact with the husband... that's why you can't go over. I'm almost positive of it.

[ScottGem]

First, please don't use the comments feature for followups. Use the answer options. As you can see the amount of space for comments is limited.

Second, if you can prove that evidence is being suppressed by the local police and I mean HARD evidence, then go to the state police and file a complaint.

You need to document everything. And you need to go over the head of the local authorities since they seem to be practicing malfeasance.

I'm still not clear on the background though. From what I can glean you were either living with the father or he was visiting. He did something to the child at that time that you reported with the result that she was removed to foster care. During the time she was in foster care you kept up your visits. Then, just recently CPS dropped the case and, without informing you, turned the child over to her father. She is now with the grandparents who are refusing you access? Did I get that right?

What was the relationship with the father at the time of the abuse? Did CPS tell you why they dropped the case?

But I haven't seen anything to change my initial recommendation, you need to go to the county or state authorities and file for emergency custody or, at least, put the child back in foster care until the issues can be resolved. Nothing is going to happen until you can get a court to award you custody or put her back into foster care. But you obviously can't deal with local authorities. You have to deal with county or state authorities.

But you also have to understand that, if you show up the local police, you will, almost definitely have to move from their jurisdiction.

[ScottGem]

No contact with the husband... that's why you can't go over. I'm almost positive of it.

What does that mean? According to the OP the TRO simply prevents the parents from speaking or threatening each other. It does not give permission for the grandparents to prevent any contact.

[chefpierce]

What does that mean? According to the OP the TRO simply prevents the parents from speaking or threatening each other. It does not give permission for the grandparents to prevent any contact.

But if the husband has a no contact and he's there... seems pretty clear cut to me, Scott. No contact means NO CONTACT. You can throw in these big words, but it is what it is

[ScottGem]

But if the husband has a no contact and he's there... seems pretty clear cut to me, Scott. No contact means NO CONTACT. You can throw in these big words, but it is what it is

Sorry but you are not realizing the full story here. You really need to pay attention to what is actually said. The OP said the TRO "is for the father and I not to speak to each other or threaten each other." That does not mean No Contact. Secondly, even it was for No Contact, That only applies to the OP and the father. It does not apply to the OP and the daughter. The grandparents could easily arrange for the father to be away when the mother comes to visit. So your answer is not according to law and not very helpful.

This is the second time I've had to step in when you have given misinformation. I'm still waiting for you to either back up your statement about filing for an eviction order being notice of termination or apologize for your inappropriate negative rating. We take pride in the accuracy of the advice given here. You have posted a lot of answers in the short time you have been a member. Many of those answers have been good. But the law forums are held to an even higher standard because they have to conform with applicable statutes. If you want to help out here you need to be more careful about the accuracy of your answers.