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False Allegations of Child Sexual Abuse Preventing Visitation

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Maddog_

Junior Member
What is the name of your state? California

I was divorced from my ex-wife in 2000, when my sons were 9, 8, and 6 years old. I was unemployed at the time and due to the uncertainty of the job market here, in good faith I allowed her to move out of state (cross country), after my attorney said I could not win a moveaway. My Marital Settlement Agreement was poorly written, and letting her move out of state was a huge mistake.

After a year or so of there never being a good time to visit, I filed a Modification of Custody and Visitation to change custody. My ex was an alcoholic and knew this would come up in court. As my case proceeds and things aren't going my ex's way, all of a sudden there are trumped up charges in the state she was in (NY) of me sexually abusing my children, in order to prevent me from asserting my rights.

I actually wound up being criminally investigated here and agreed to a polygraph, which of course I passed with flying colors. Regardless, I got railroaded and the NY judge issued a permanent restraining order, preventing me from having ANY contact with them. Even convicted murderers aren't treated that way.

My ex played the system for all it was worth and won the lottery, getting her wish at the expense of my children's emotional health. She now longer lives in NY, and is now in AL.

To say that this has been a grave miscarriage of justice would be the understatement of the century. My kids' lives have been forever altered by this horrible event and my ex is laughing about it. Obviously, it's not fair.

Are there any options I can pursue to get this fixed? At this point, I don't see anything that I could possibly do that wouldn't cost a fortune.
 


LdiJ

Senior Member
What is the name of your state? \Are there any options I can pursue to get this fixed? At this point, I don't see anything that I could possibly do that wouldn't cost a fortune.
I am sorry to say this, but realistically you are correct. Any "fix" for this situation is going to cost alot of money because you are dealing with multiple states.

However...if you are very determined, and very willing to seriously study law and proceedure in both NY and AL, its not impossible that you could do it without an attorney.
 

BL

Senior Member
What is the name of your state? California

I was divorced from my ex-wife in 2000, when my sons were 9, 8, and 6 years old. I was unemployed at the time and due to the uncertainty of the job market here, in good faith I allowed her to move out of state (cross country), after my attorney said I could not win a moveaway. My Marital Settlement Agreement was poorly written, and letting her move out of state was a huge mistake.

After a year or so of there never being a good time to visit, I filed a Modification of Custody and Visitation to change custody. My ex was an alcoholic and knew this would come up in court. As my case proceeds and things aren't going my ex's way, all of a sudden there are trumped up charges in the state she was in (NY) of me sexually abusing my children, in order to prevent me from asserting my rights.

I actually wound up being criminally investigated here and agreed to a polygraph, which of course I passed with flying colors. Regardless, I got railroaded and the NY judge issued a permanent restraining order, preventing me from having ANY contact with them. Even convicted murderers aren't treated that way.

My ex played the system for all it was worth and won the lottery, getting her wish at the expense of my children's emotional health. She now longer lives in NY, and is now in AL.

To say that this has been a grave miscarriage of justice would be the understatement of the century. My kids' lives have been forever altered by this horrible event and my ex is laughing about it. Obviously, it's not fair.

Are there any options I can pursue to get this fixed? At this point, I don't see anything that I could possibly do that wouldn't cost a fortune.
I'd suggest seeing if NY State CPS was involved and if so , obtain a copy of their report and findings .

http://www.ocfs.state.ny.us/main/prevention/faqs.asp#my_rights

I'd also suggest finding a way to obtain the court records in NY .
 

Maddog_

Junior Member
I'd suggest seeing if NY State CPS was involved and if so , obtain a copy of their report and findings .

http://www.ocfs.state.ny.us/main/prevention/faqs.asp#my_rights

I'd also suggest finding a way to obtain the court records in NY .
Yes, CPS was involved and I have all of the court records. What now?

If I had unlimited financial means, which is pretty much what I see this is going to take, this would have been a no brainer. I ran out of money when I got to $100,000, and I'm sure this could easily go 5-10 x that. It's ridiculous.
 

BL

Senior Member
Yes, CPS was involved and I have all of the court records. What now?

If I had unlimited financial means, which is pretty much what I see this is going to take, this would have been a no brainer. I ran out of money when I got to $100,000, and I'm sure this could easily go 5-10 x that. It's ridiculous.
Unless there were strong evidence , or something like an interview with the children that indicated this happened , why didn't you take that money and appeal ?
 

Maddog_

Junior Member
I am sorry to say this, but realistically you are correct. Any "fix" for this situation is going to cost alot of money because you are dealing with multiple states.

However...if you are very determined, and very willing to seriously study law and proceedure in both NY and AL, its not impossible that you could do it without an attorney.
I guess I was hoping for a miracle answer. It comes down to whoever has the most money wins, which is different than, "the best interests of the children," which in theory is what this is supposed to be about.

On second thought, this cost my ex next to nothing. She threw something up on the wall out of desparation and it stuck. That her ploy to play the abuse card wasn't recognized as an obvious Terrorism 101 tactic is a crime in itself. In moral terms, what she did was as bad as any violent crime by ruining the lives of three innocent kids who deserved better.

Doing it myself out of financial necessity in NY is part of what allowed this to get to this point.
 

Shay-Pari'e

Senior Member
What is the name of your state? California

I was divorced from my ex-wife in 2000, when my sons were 9, 8, and 6 years old. I was unemployed at the time and due to the uncertainty of the job market here, in good faith I allowed her to move out of state (cross country), after my attorney said I could not win a moveaway. My Marital Settlement Agreement was poorly written, and letting her move out of state was a huge mistake.

After a year or so of there never being a good time to visit, I filed a Modification of Custody and Visitation to change custody. My ex was an alcoholic and knew this would come up in court. As my case proceeds and things aren't going my ex's way, all of a sudden there are trumped up charges in the state she was in (NY) of me sexually abusing my children, in order to prevent me from asserting my rights.

I actually wound up being criminally investigated here and agreed to a polygraph, which of course I passed with flying colors. Regardless, I got railroaded and the NY judge issued a permanent restraining order, preventing me from having ANY contact with them. Even convicted murderers aren't treated that way.

My ex played the system for all it was worth and won the lottery, getting her wish at the expense of my children's emotional health. She now longer lives in NY, and is now in AL.

To say that this has been a grave miscarriage of justice would be the understatement of the century. My kids' lives have been forever altered by this horrible event and my ex is laughing about it. Obviously, it's not fair.

Are there any options I can pursue to get this fixed? At this point, I don't see anything that I could possibly do that wouldn't cost a fortune.
I have a huge problem with your post. Your son's are now 17,16,and 14 if my math is correct.

There is a reason why the judge issued a RO. There is more than**************...*She filed a police report saying I was a molester*.

There is simply more to this. After a year or so? It has been 8 years. Did you ever visit your kids before you filed?

Your whole story just does not add up.
 

Maddog_

Junior Member
Unless there were strong evidence , or something like an interview with the children that indicated this happened , why didn't you take that money and appeal ?
What money? I had passed that point well before this ever went to trial. If I'd managed to somehow retain a lawyer through the whole process, it would have been well in excess of $250,000 or more. Trying to appeal it on my own turned out to be a futile effort.
 

BL

Senior Member
What money? I had passed that point well before this ever went to trial. If I'd managed to somehow retain a lawyer through the whole process, it would have been well in excess of $250,000 or more. Trying to appeal it on my own turned out to be a futile effort.
I ran out of money when I got to $100,000, and I'm sure this could easily go 5-10 x that. It's ridiculous.
I'm not in the mood to play 20 questions .

When your children are of age , they can decide .

CPS -

The determination of the investigation will be either that the report is unfounded or indicated. If the report is unfounded, you will receive written notification from the Statewide Central Register. If the report is indicated, you will receive written notification from the local CPS (or investigative agency). This notice will also inform you of any right to appeal the decision of the investigative agency to indicate the report.
 
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Maddog_

Junior Member
I'm not in the mood to play 20 questions .

When your children are of age , they can decide .

CPS -

The determination of the investigation will be either that the report is unfounded or indicated. If the report is unfounded, you will receive written notification from the Statewide Central Register. If the report is indicated, you will receive written notification from the local CPS (or investigative agency). This notice will also inform you of any right to appeal the decision of the investigative agency to indicate the report.
CPS is a joke and so was the whole process.
 

casa

Senior Member
What is the name of your state? California

I was divorced from my ex-wife in 2000, when my sons were 9, 8, and 6 years old. I was unemployed at the time and due to the uncertainty of the job market here, in good faith I allowed her to move out of state (cross country), after my attorney said I could not win a moveaway. My Marital Settlement Agreement was poorly written, and letting her move out of state was a huge mistake.

Your story has MANY discrepencies. Starting with this supposed advice re; move-away in 2000. You had a very strong case to prevent a move across the country. You admit you agreed...and that is why it occurred.

After a year or so of there never being a good time to visit, I filed a Modification of Custody and Visitation to change custody. My ex was an alcoholic and knew this would come up in court. As my case proceeds and things aren't going my ex's way, all of a sudden there are trumped up charges in the state she was in (NY) of me sexually abusing my children, in order to prevent me from asserting my rights.

Her being an alcoholic wouldn't actually affect that much, since you let your children move across the country with her knowing that.


I actually wound up being criminally investigated here and agreed to a polygraph, which of course I passed with flying colors. Regardless, I got railroaded and the NY judge issued a permanent restraining order, preventing me from having ANY contact with them. Even convicted murderers aren't treated that way.

Here is a HUGE problem. NY had no Jurisdiction for a Custody Modification. CA did & still does. That is why you were investigated HERE in CA. The case/order remains in CA until BOTH parents move out of state. The only thing that was by NY Jurisdiction was the Restraining Order. It is VERY RARE to be issued a permanent RO against the other parent. What are you not telling us? Did you not appear at the hearing(s)?

My ex played the system for all it was worth and won the lottery, getting her wish at the expense of my children's emotional health. She now longer lives in NY, and is now in AL.

And, that is why the Court Order stays in CA.

To say that this has been a grave miscarriage of justice would be the understatement of the century. My kids' lives have been forever altered by this horrible event and my ex is laughing about it. Obviously, it's not fair.

Are there any options I can pursue to get this fixed? At this point, I don't see anything that I could possibly do that wouldn't cost a fortune.

My question: WHY did you not get the CPS report? WHY have you waited almost 5-7 years now to address this?
 

Maddog_

Junior Member

My question: WHY did you not get the CPS report? WHY have you waited almost 5-7 years now to address this?
I did get the CPS report and did appear at the hearings, having to fly to NY 6 times or so in total just for this.

I agreed to the moveaway, my biggest mistake, because my attorney said I couldn't win it. On top of that, the Marital Settlement Agreement that I signed turned out to have a lot of holes in it.

I hired an attorney in NY who was supposed to make a "special" appearance for me, but instead made a general appearance allowing NY to take jurisdiction on this issue (personal jurisdiction).

So, based on the legal representation I had, a number of mistakes were made that allowed this to get to the point it did. If those had been handled correctly from day one, this wouldn't have been a problem. I wouldn't have allowed the moveaway, the single biggest mistake.

I haven't "waited" 5-7 years. The process I described took 4 years in itself and I'm just now wondering if there's anything else I can realistically do.
 

casa

Senior Member
I did get the CPS report and did appear at the hearings, having to fly to NY 6 times or so in total just for this.

I agreed to the moveaway, my biggest mistake, because my attorney said I couldn't win it. On top of that, the Marital Settlement Agreement that I signed turned out to have a lot of holes in it.

I hired an attorney in NY who was supposed to make a "special" appearance for me, but instead made a general appearance allowing NY to take jurisdiction on this issue (personal jurisdiction).

So, based on the legal representation I had, a number of mistakes were made that allowed this to get to the point it did. If those had been handled correctly from day one, this wouldn't have been a problem. I wouldn't have allowed the moveaway, the single biggest mistake.

I haven't "waited" 5-7 years. The process I described took 4 years in itself and I'm just now wondering if there's anything else I can realistically do.
OK, start here: deltabravo.net
 

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