Fraudulent Battery Charges

[cjones]

What is the name of your state (only U.S. law)? Kansas
I am the step mother to a 6 year old girl and the mother to two other girls (10 and 9) all of which attend the same small school. Last Thursday, I was at the school to pick up the girl scouts of my troop.
My husband had arranged for his daughter to go with the neighbor afterschool- he has residential custody, and my oldest daughter as well. All three girls were late coming out of the school so, I went to them and directed the 9 year old to wait with the girl scouts and told the other two they better get going to meet the neighbor for their ride. The mother to my step daughter was there and came over on my right side and said "Excuse me!" I again said come on we gotta get to "the neightbors name" car. My left hand was on my step daughters backpack and my right was on my oldest daughters. I walked them to the car where the neighbor was waiting. Meanwhile, the mother had walked to the edge of the playground and began screaming obscentities at me including b*tch etc. I didn't say a word. When the kids were in the car, I walked on the sidewalk back to where the troops were waiting. I walked past the mother who was now on her cell phone screaming that I hadn't let her hug her daughter and I had interfered with her time with her daughter etc- all blatant lies. Then after this, the mother called my husband on his cell and demanded they meet face to face that evening to discuss their daughter. Aparently, 20 minutes after school let out, the mother called the police to tell them that I had "battered" her at the school by pushing her.
Now then we live in PODUNK and the police aren't the smartest but, he went to my house, took the 6 year old step daughter outside ALONE to see what had happened. She said I pushed her mother. Since then, we've had a case manager meeting and she talked to her father and admitted she blatantly lied to the police because her momma is always getting into trouble.
Now then, the mother moved to my town about a year ago so she could retain 50% custody at that time and avoid going to court- there have been 2 different reports of assault and battery on my family members, and I have called the police no fewer than 3 times for harassment on me during that time as well.
When I gave my statement to the police, the mother had NO WITNESSES, and only told him her daughter was present. I gave him both my daughters names, the girl scout leader and two teachers that were on the playground. He said he didn't want to speak to the other kids because they weren't directly involved. My lawyer blatantly disagreed but so far, no ones heard from them either.
The previous day, the mother plastered her facebook page with her lawyer screwed her over and she was taking us back to court for custody. The previous morning she called me at work and also my husband to scream that my oldest daughter doesn't need to call me after school and its none of my husbands concern if she holds her daughter up after school. Court documents say otherwise. But, she hung up screaming I'll see you in court. THEN the false battery claims occurred...
SO here's my question/ concern- the police aren't doing squat about it and told me that she would only get into trouble for filing false police reports IF the county attorney wanted to prosecute her. Which I highly doubt. THe girl scouts can't believe nothing was or will be done about her screaming like that in front of the entire population of school children and have mentioned that it should be disorderly conduct or possibly disturbing the peace- my lawyer also mentioned these charges. The police aren't actively pursuing this but, I feel as the girl scout leader where I have to pick kids up at the school on a regular basis that this will happen again especially since, after one meeting with the case manager, she wants to recommend my husband have sole custody. Now, I know they are sortta dependent on each other but, I do NOT want to go through this again. This woman screaming at me and making a big production is not good for me or my girl scouts. Any idea how to proceed?
Oh, the teachers and scout leader also say I did nothing...

 

[CdwJava]

My suggestion would be to go back to the drawing board and spell out when and where transfers of custody would take place. Clearly, you and mom can't be in the same place at the same time, so picking kids up at school may not be a good idea unless it's dad doing the picking up. So, perhaps a new and neutral location should be created where transfer of custody can be made.

I doubt you can get a restraining order against her because of yelling, but it might be something to look into.

Ultimately, this is an issue that your husband and his ex will have to work out. You are legally a non-entity as far as custody and visitation goes, so HE has to take the lead.

 

[cjones]

I disagree that this is a custody issue. The mother has another child in Kindergarden that she picks up. I have my older kids in the same school AND most importantly I'm a girl scout leader. I was entitled to be at the school to get my kids to their proper places.
This isn't the first incident with the mother nor will it probably be the last. But, I HAVE to be at the school on certain days and I HAVE to be at the pickup location for girl scouts. Thus the real issue.
I had to pick the kids up for the homecoming parade the next day and she screamed at me and bad mouthed me to another girl scout leader. The other girl scout leaders are not wanting to deal with the mother either nor do they want to have her constantly making a scene in front of the girl scouts.
On the custody issue, my husband had a meeting this weekend with the case manager who said she was recommending that he have sole custody because of the mother's instablity and emotional imbalance. In my opinion, this will only escalate the situation on days when I have to be at the school.

 

[CdwJava]

I disagree that this is a custody issue. The mother has another child in Kindergarden that she picks up. I have my older kids in the same school AND most importantly I'm a girl scout leader. I was entitled to be at the school to get my kids to their proper places.

Well, then, your options become very few.

I had to pick the kids up for the homecoming parade the next day and she screamed at me and bad mouthed me to another girl scout leader. The other girl scout leaders are not wanting to deal with the mother either nor do they want to have her constantly making a scene in front of the girl scouts.

You can always call the police. if she is breaking the law, then maybe they can cite or arrest her. If she is exercising annoying but lawful free speech, then you will be out of luck. If she is disrupting meetings with her antics, I imagine that is a crime. But if you are both in a public place and she is just being rude and crude, it may not be.

Again, have you looked at the possibility of a civil harassment order? Is anything like that available in your state?

If mom is not breaking the law, and no court order can be requested to prevent her actions, then your only real option is to attend these programs in such a way as to avoid her .... perhaps you can change times, park at a different location, etc.

The reason I mention CUSTODY is that custody and visitation orders can often contain provisions for one parent not to curse or demean another parent or the parent's spouse while in the presence of the children. That may be your only real and viable option.