Ask Me Help Desk - Family case judge ceased passports of my children without any legal grounds

Judge ceased passports of my two youngest children 8 and 12 old and cancelled my trip with children abroad to see my dying father ( previously he signed order to let me go and I bought tickets , the order was not recorded in court records yet) saying that I have to earn my trip abroad by making my 8 old develop relationship with her dad, my ex for 5 years. My ex was abusing 8 old and she stopped seeing him for more than two years with his permission, now my ex filed for modification and blaming me . Judge is prejudiced against me without any legal grounds and proof against me. It seems to me as violation of my and chidlren's constitutional rights for liberty and depriving me of due process. How can I proceed with this case, what law to apply and ask to return my permission to go abroad and to return passports?
T.

First part of information needed is what state are you in? How long ago did he sign giving you permission to go? I would guess not long because it wasn't recorded, though that doesn't really take that long usually. Do you know why it was never recorded? Does your ex have a lawyer?

Was the abuse reported? Why do you feel the judge is biased?

It might feel like a violation of your and your children's rights, but you have to keep in mind, parents trash talking their ex and biasing the children and/or running away to other states or countries to keep children from the other parent isn't exactly uncommon. You may not say anything negative in front of your children about your ex and you may have every intention of brining your children back and cooperating with visitation, but I'm sure you can still see how a judge might not be so ready to believe that. He also has to keep your husband's rights in mind and look out for your children's best interest, or at least what he believes are their best interests.

My 8 old didn't go with her dad ( my ex for 5 yrs.) for more than 2 years with h is permission, he was abusing her and she has fear of him. I did not influence her. He filed for modification ( without any legal grounds) and judge sent my daughter to therapy to make her go with dad. He was never a father and has no legal grounds for modification . I tried to file motions to show that she is doing so great without her dad and she doesn't want to go. She never had overnight visits with him and never has been to another state where my ex lives. But judge gave her overnight visits and sent her to another state for a week with her dad and makes her go first to therapy to prepare her for this dramatic change in her life. She never had a bond with him and it will devastate her. How to stop therapy as I understand her wishes and fears should be taken into consideration and she should not be forced against her wishes and the law says that I can refuse therapy if child is not threat to herself an dto society but I don't want to disobey with judge's order. He ruled on this during enforcement hearing and the issue of my girls was not a part of the hearing.I asked him not to make decision because it is not an issue of enforcement hearing but he did it anyway. Can I ask to dismiss his decision on grounds that girl issue was not part of an enforcement hearing? Can I ask for continuation so I can bring psychologist to prove that she was abused and has fear of her dad? What legal actions to take to protect her from damaging to her therapy and abuse of her father?

I don't know why it was not recorded, my ex has the strongest attorney in area. In march judge allowed me to go because the decree allowed me to go only to my country to see my family, my ex was prohibited to take children abroad. During signing order for permission to go opp. Attorney asked for my ex to take my son to another country. Judge signed orders for both of us to go abroad. I asked judge at next hearing not to allow my ex to take my son abroad because there were no legal grounds to modify decree on travel prohibition for my ex to travel with kids abroad and because of three travel warnings were issued for that country. Judge cancelled both of our trips and ceased passports. Also he said that I have to earn his permission to go abroad with kids by making my youngest daughter to develop relationship with dad. My ex filed modification suit year ago, he did not meet burden of proof and is blaming me without any proof, he said on stand that he has no proof of me influencing children against him and no personal knowledge of it. Specialists and children testified that I did not put children against him , but his abuse is the reason they do not want him.

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Originally Posted by tatyanaus

judge sent my daughter to therapy to make her go with dad. He was never a father and has no legal grounds for modification . I tried to file motions to show that she is doing so great without her dad and she doesn't want to go.

I do not want to be rude but you must understand that he has rights,too.I doubt of your story.
I do not believe that a 8 years old child has so significant memories for a long time ago without your "help" and for me it is classical Parental alienation.

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Originally Posted by tatyanaus

How to stop therapy as I understand her wishes and fears should be taken into consideration and she should not be forced against her wishes and the law says that I can refuse therapy if child is not threat to herself and to society but I don't want to disobey with judge's order.

The goal of the therapy is not to take into consideration her wishes but to reduce her fears.You cannot refuse therapy if the court order was issued.

Quote:

Originally Posted by tatyanaus

Can I ask to dismiss his decision on grounds that girl issue was not part of an enforcement hearing?

No.You cannot ask to dismiss his decision on that ground.The judge is not under obligation to listen to 8 yo child's explanations.

Quote:

Originally Posted by tatyanaus

Can I ask for continuation so I can bring psychologist to prove that she was abused and has fear of her dad? What legal actions to take to protect her from damaging to her therapy and abuse of her father?

What? Damaging therapy?

Since you ex has a lawyer you should look into getting one to. The general rule is if one party has a lawyer and the other dosen't the one with the lawyer will win. That is just the general rule of course there are exceptions but not many. You still haven't said what state you are in and that is vital because each state has its own set of rules to follow as well as the federal laws.

Quote:

Originally Posted by tatyanaus

My ex filed modification suit year ago, he did not meet burden of proof and is blaming me without any proof, he said on stand that he has no proof of me influencing children against him and no personal knowledge of it. Specialists and children testified that I did not put children against him , but his abuse is the reason they do not want him.

What kind of "specialist" are they? Are they a court appointed guardians ad litem?
He abused her three years ago... what kind of abuse was it? Neglect,physical,sexual,psychological?
Was the abuse reported?

Your post is confusing, so I'm going to try and take it piece by piece.

Quote:

Originally Posted by tatyanaus

My 8 old didn't go with her dad ( my ex for 5 yrs.) for more than 2 years with h is permission, he was abusing her and she has fear of him. I did not influence her.

So you were separated since the child was 3; the child has not seen her father since she was six years old. You didn't see a problem with that? In what was was he abusing her? Do you have proof of it? Was the issue addressed in court?

Quote:

He filed for modification ( without any legal grounds) and judge sent my daughter to therapy to make her go with dad. He was never a father and has no legal grounds for modification . I tried to file motions to show that she is doing so great without her dad and she doesn't want to go. She never had overnight visits with him and never has been to another state where my ex lives. But judge gave her overnight visits and sent her to another state for a week with her dad and makes her go first to therapy to prepare her for this dramatic change in her life.

You are so wrong about this it is frightening. Yes, he does have legal grounds to file a modification - he wants to see his child. Again, why is your child so adamant about not going to see her father? If it was the abuse, why was this not addressed in court?

Quote:

She never had a bond with him and it will devastate her. How to stop therapy as I understand her wishes and fears should be taken into consideration and she should not be forced against her wishes and the law says that I can refuse therapy if child is not threat to herself an dto society but I don't want to disobey with judge's order.

Who told you that you can refuse court-ordered therapy? Kids say all the time that they don't want to do certain things - you still need to make them. If your daughter said she didn't want to shower anymore, would you let her?

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He ruled on this during enforcement hearing and the issue of my girls was not a part of the hearing.I asked him not to make decision because it is not an issue of enforcement hearing but he did it anyway. Can I ask to dismiss his decision on grounds that girl issue was not part of an enforcement hearing? Can I ask for continuation so I can bring psychologist to prove that she was abused and has fear of her dad? What legal actions to take to protect her from damaging to her therapy and abuse of her father?

Let me get this straight - you tried to tell the judge what to do?? That alone makes me worry about this entire case. I don't know what you mean when you say "girl issue was not part of an enforcement hearing." Apparently, you don't understand what is going on in the courtroom - I would highly recommend hiring an attorney before you make this any worse for yourself.

You cannot take any legal actions to stop a court order. You either get her into therapy and comply with the order, or you refuse to take her and go to jail. Your decision.

EDIT: After reading your other thread, this whole case gets very interesting. Whenever someone starts claiming that the judge/guardian ad litem/child support is biased against them, I know it's going to be one hell of a case.

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Originally Posted by this8384

You cannot take any legal actions to stop a court order. You either get her into therapy and comply with the order, or you refuse to take her and go to jail. Your decision.

Probably not jail time... but I am sure she will lose her physical custody.