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HelpThisMom · Aug 13, 2012, 03:48 PM

My kids were removed from me during an emergency ex parte hearing in which they only looked at the allegations made by my disgruntled ex. How do I respond? A hearing is more than 30 days away. I have to pay to see my kids for 2 hrs a week. He is a convicted domestic violence offender and probation violator and an ex felon. Please help me

joypulv · Aug 13, 2012, 03:51 PM

Did he have a lawyer, and you did not?

HelpThisMom · Aug 13, 2012, 04:11 PM

Originally Posted by joypulv

Did he have a lawyer, and you did not?

NO he did not have a lawyer and neither did I. We live in CA. Fear of returning to prison keeps him from beating me, that and a criminal protective order. He filed an ex parte hearing and I was not able to address any of his allegations. I have called the police 4 times in the weeks leading up to this and as I stated he is a convicted felon.In the hearing I was able to peruse the paperwork and the judge did not allow me to say or submit anything. Within minutes my kids were removed from my custody. I can disprove all of his allegations but I do not want to wait 5 weeks.

ScottGem · Aug 13, 2012, 04:37 PM

Get an attorney! A local attorney will know who to talk to and how to appeal the decision. I suspect, your ex knew he was getting a judge who would be favorable to the father.

I also have to wonder what proofs you had to "address the allegations". You need CONCRETE proof. And an attorney will tell you what you can and can't submit as proof.

And don't tell me you can't afford an attorney. Because that says to me that money is more important than getting your kids back. How much is it costing you to see your kids? Think about how much you would save if you get them back sooner.

HelpThisMom · Aug 13, 2012, 04:48 PM

I am currently searching for an attorney. Nothing is more important than my kids. I do have concrete proof. Police reports, his criminal record, dr's report etc.. There is nothing except his flapping gums to support what he says. Because he can no longer assault me without possibly being returned to prison he will legally victimize me as long as he can.

AK lawyer · Aug 13, 2012, 05:21 PM

Originally Posted by HelpThisMom

... I do have concrete proof. Police reports, his criminal record, dr's report etc. ...

The police reports and doctor's report may not be admissible. They are hearsay. You should arrange to have the authors of those reports in court to testify. Subpoena them if necessary.

ScottGem · Aug 13, 2012, 05:46 PM

I hate to say this, but what do those reports have to do with his custody? Did he ever do anything to harm the children? Is his criminal record very recent? Does it have anything to do with child abuse? This is why you need an attorney. You may think you hve concrete proof, but it may not be admissible.

JudyKayTee · Aug 13, 2012, 05:49 PM

Originally Posted by HelpThisMom

My kids were removed from me during an emergency ex parte hearing in which they only looked at the allegations made by my disgruntled ex. How do I respond? A hearing is more than 30 days away. I have to pay to see my kids for 2 hrs a week. He is a convicted domestic violence offender and probation violator and an ex felon. Please help me

Was he a convicted domestic violence offender, probation violator and/or felon when you got involved with this person?

HelpThisMom · Aug 13, 2012, 05:55 PM

He is on parole and was in prison until April of this year. Yes, he has done things that are harmful to the kids. Quite frankly I never wanted him to not have access to the children. It is what he wants though, he wants to punish me by keeping the children. I want the court to rule as to what is in their best interest.

As far as my side of the story, I am not abusive and based on lies my kids are not with me. I would never do that to their dad. I have always been fair where visitation etc... is concerned. My only fault is not wanting to be assaulted and controlled. I am a good mother and not abusive as well as the only constant my children have had as their dad has been incarcerated repeatedly.

I will let my lawyer decide what is concrete proof and what isn't as well as who must be subpoenaed.

JudyKayTee · Aug 13, 2012, 05:57 PM

Originally Posted by HelpThisMom

He is on parole and was in prison until April of this year. Yes, he has done things that are harmful to the kids. Quite frankly I never wanted him to not have access to the children but it is what he wants. I think I would prefer if you chose not answer any more of my posts. I have plenty of people who know me and the complete situation who are ready to play devil's advocate if I need them for that. As far as my side of the story, I am not abusive either and based on lies my kids are not with me. I would never do that to their dad. I have always been fair where visitation etc...is concerned. My only fault is not wanting to be assaulted and controlled. I am a good mother and not abusive as well as the only constant my children have had after their dad has been incarcerated repeatedly.

I will let my lawyer decide what is concrete proof and what isn't as well as who must be subpoenaed.

Please don't attempt to direct who will and who will not answer you and in what manner.

I don't know who you are addressing, but you are inappropriate.

Get advice from your lawyer, what is "concrete proof" and what is not, who/how can be subpoenaed and come back with the advice so the next person with your problem can receive help. I note that you were able to retain an Attorney since this time yesterday, and that's a good thing.

HelpThisMom · Aug 13, 2012, 06:02 PM

Originally Posted by JudyKayTee

Was he a convicted domestic violence offender, probation violator and/or felon when you got involved with this person?

He had juvenile offenses for stalking, vandalism, and a restraining order that I found out about later during a court hearing regarding child custody. The judge looked up the information and I was surprised. He was found guilty of domestic violence against me and violated the criminal protection order. It is still in place. After me he assaulted someone else. Then went to prison for trying to assault someone with his vehicle and then fleeing.