My ex husband made a false claim and was able to get a temp protective order. He came to my house with his copy of the filed protective order and demanded our daughter. She went with him we went to court on the matter and they didn't go forward with the protective order. However he still has our daughter. I had a lawyer who just wasn't working for us so when I went for a consult for a new lawyer, she said that he couldn't take her with out a hearing. Also he stopped the child support on his own, now he is trying to say that it has not stopped but yet I haven't received any support sense late jan. I am tired of him and his new wife starting drama. How can I stick it to him.

Forget "sticking it" to him. This is not about revenge or fighting between parents. This is about what's in the best interests of the child.

Now there are a lot of facts that you left out which makes it harder for us to help you.

How old is your daughter? Does she want to come home? Is there a custody order from a court in place? What was the protective order protecting against?

If the court warded you primary custody of the child, you go to his house and tell her to gget in the car. If he refuses to let her or she refuses to go, you call the police. Show them the court order giving you custody (bring it with you) and they will force him to release her.

If the police don't do this, file a petition in Family Court to enforce the Custody order. The court will send someone to enforce it or, if he still doesn't comply, they will arrest him for contempt of court.

To answer your questions. How old is your daughter? SHE IS 6 Does she want to come home? YES SHE WANTS TO COME HOME, SHE DOESN'T LIKE IT THERE. Is there a custody order from a court in place? THE DIVORCE SAYS SHE AND HER BROTHER ARE TO BE WITH ME. BUT HE HAS FILED FOR CUSTODY WHICH IS PART OF THE MESS NOW, THERE ARE TEMPORARY ORDERS IN PLACE THAT HAVE THE KIDS WITH HIM. What was the protective order protecting against?
FAMILY VIOLENCE. My ex caught the kids playing dr. they are 6 and 5, took them to the children's hospital where they got a clear exam from sexual abuse. But my ex and his new wife are saying that I showed my daughter(6) porn. Which I never have nor would do. Cps got involved, but closes the case due to lack of proof. My daughter said she was never forced to watch anything, but she said on her way to bed she saw a lady with a long shirt and no pants, and a butt of a male. The cps worker stated this could be something on prime time TV. At the hospital they talked to my daughter about good touching and bad touching, and she knew the difference. We believe that they are brainwashing the kids, he has had our daughter for 2 months now. And we had a hack of an attorney, who got us into a big mess so we ended up having supervised visits by my mother. So we are trying to play catch up. And I 100% agree it is what's best for the kids. You have to understand my frustration, he filed for custody out of nowhere, not prompted or anything, also for the majority of the kids life he had no interest to see them. Was not till he got engaged that he took interest in his kids. I never once kept him from the kids. I offered the kids to him every weekend that was his but he told me he had plans. So his mother would keep the kids. He also didn't pay child support for 6 or 7 months. He has sense got that in order, but he went to the attorney generals office and stopped child support on his own, but had the nerve to send me a letter saying I owed him about $450 in support that was over payment, which I haven't gotten any support from end of January and he didn't get our daughter till feb 24. I was just kind of shocked that he was able to take her just on a protective order, I thought there had to be a hearing.

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Originally Posted by txmomofthree

My ex husband made a false claim and was able to get a temp protective order. He came to my house with his copy of the filed protective order and demanded our daughter. She went with him we went to court on the matter and they didn't go foward with the protective order. however he still has our daughter. i had a lawyer who just wasn't working for us so when i went for a consult for a new lawyer, she said that he couldn't take her with out a hearing. Also he stopped the child support on his own, now he is trying to say that it has not stopped but yet i haven't recieved any support sence late jan. I am tired of him and his new wife starting drama. how can i stick it to him.

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What state is this in ? There may be a way to stick it to him depending on the state you live in. Many states have now adopted laws that are in place to prevent abuse by a parent on the other parent through the accusation of sexual abuse. Too many parents were using this tactic against the other parent ( usually the dad being accused about a daughter ) to insure the outcome of a custody case. You really need to examine the laws of your state to find out if there is such a law in yours. The basic outcome of it is that the accuser after being found out by the courts loses custody.

Where was the divorce and custody orders originally made? If you live in that state and he doesn't then he has to file in your state.

So the Protective order has been dropped but he has filed for Custody and gotten a temp order of custody. That does preclude your getting the police to recover the child.

So when is the next hearing? You go into that hearing (hopefully with a better lawyer) and you tell the judge, that he brought charges against you that were cleared by CPS. That you believe his filing the charges were just an attempt to get custody. That your daughter wants to come home and he is refusing. Tell the judge that he has stop complying with the support order without court approval.

If you can prove all that the judge should lift the temp custody order and require him to return her to you and to pay any child support arrears.

We are in Texas. Everything divorce and all was filed in Texas. I do have the letter from CPS stating that the case was closed due to lack of proof of the claim. I do have a better lawyer now, she used to be an attorney for CPS and she is a real bulldog of a lawyer. We go back to court on the 5th. Also the kids have been going to counceling, but they sent a copy for the bill for me to pay half, but on the bill it looks like my son has only gone once, and is in private therapy, but my daughter has been going with her step mother and the bill says family counceling. The step mother who is the devil in the flesh, we believe that she is the root of all these problems. She is a backstabbing person, and is very calculated in her moves. She won't do anything with out a personal benefit. When I explained my side to my lawyer she said this is a Step mother problem, and nothing more. We don't understand why she would be going to counceling with my daughter and my son in private, only thing we can think of is that she is making sure my daughter is saying what they (her dad and step mother) want. My daughter is a big people pleaser and I believe in all my heart that they are brainwashing my kids. We also know that the people the kids are speeking to are not licenced councelers but yet just social workers. I know our plan of attack is to get the kids into a real licenced shrink and not the current people they are going to now. We have the copy of the records from the hospital where my son did all the talking. They took my daughter into the room first for them to question, which they said was about 20-30 min. But when my son got in the room the first thing he said was "What did my sister say" I think because they want the story to match, but my son who is 5 was very detailed and calculated with his answers the hospital workers said that he was in the room for about an hour. I have spoke with nurses and my attorney who said that there is no way my 5 yr old could take info from his sister and be able to tell it back in great detail. I do know one time my daughter was drawing pictures and wrote daddy on the paper, scratched it out and wrote my current husbands name on the paper, as she was making a picture for herself and her half sister. The step mom walked in the room saw it and accused my daughter of calling my current husband daddy. Which he has taken care of her sense they were one and two, but she has never called him dad, she understands she has 2 dads, a step dad and a real dad, and 2 moms a step mom and a real mom. Anyway she kept telling my daughter she was lying, had her in tears and told my daughter your lucky I don't tell your dad, he would be so mad. I confronted my ex about this and he said she was wrong for what she did, but that it upset him that our daughter may have called her stepdad, daddy. Yet my son calls his stepmother mom, because they told him he could. It's a big mess and all a control issue. If I was such a threat to my children CPS would have removed or asked that my youngest, 3 yrs, be removed. Yet nothing happened.