What is the name of your state (only U.S. law)? California
Situation: A child has been removed from home by child protective services. Court dates were given and attorneys were appointed, one for the father and one for the mother. Half way through the case, the mother was very disappointed with her attorney. The attorney was not returning phone calls or answering emails. In fact the attorney would not discuss the case with her at all. She asked the judge for a new attorney. During a confidential hearing between the judge, the attorney, the client, the bailiff, and court reporter the mothers attorney said quote "I suspect my client of criminal activity." The judge granted the mother a new attorney. It is still a mystery to the mother what "criminal activity" the attorney was referring to since no laws had been broken. The judge that heard this testimony, is the same judge that continues to oversee the case to this day. The parents did not submit to jurisdiction themselves. The attorneys did it for them. The parents were told that they would not be submitting, just that they would be doing some services for CPS and it would go to a "paper case". I don't know what that means. Parents agreed hoping that would put an end to everything. It did not. It has only just begun. They thought they were going to get their child back in exchange for some parenting classes. They thought they were cooperating. They did not know they were submitting to jurisdiction.
Questions: Could the parents win a new jurisdictional hearing based on the fact that the mothers previous attorney basically incriminated her client and tainted the judge? If so, what specific motion(s) would one file in order to do that? How do you get things heard by a different judge? Is there anyway to get this matter to go before a higher court? An explanation of the processes of these things would be most appreciated. Thank you