Does this constitute Obstruction/Hindering Prosecution?

What is the name of your state (only U.S. law)? Washington State

If a person suspected of sexually abusing their own children refuses to hand the children over for interview by a police department sex abuse examiner, is it a crime? Can a parent willfully withhold the children from examination?

Is this a hypothetical question?

Unfortunately not

Not hypothetical. I wish it were.

JBI2090 said:

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If a person suspected of sexually abusing their own children refuses to hand the children over for interview by a police department sex abuse examiner, is it a crime? Can a parent willfully withhold the children from examination?

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It's possible these are crimes; without knowing the facts, I'd say ask the cops your questions.

Check WA State law about children being interviewed by law enforcement. Some states say they can be, with or without the parents permission or attendance.

If there is suspicion of sexual abuse, one would have to ask why, except that you wouldn't want their minds tainted with this part of the legal process, would you prohibit the questioning.

Are these children yours? Are you the suspected person? Can you talk to the children in a fashion that would excrete these answers without giving the appearance they were coached? Can you consult with a child psychologist and have them do the questioning?

Your next move should be made wisely. Not for the protection of anyone suspected of abusing children, but for the children themselves. Investigations such as these are very traumatic on children. Make certain that the children are protected before anything is done.

answers

The children are mine, my former husband is the one being investigated. I am not the one that reported the suspected abuse, my children's doctor did. I was contacted by the police department after they started the investigation. We were divorced over 5 years ago, and there has not been any custody dispute.

We have joint custody, and during his on-duty parenting time I can't consent to the interview. Same with him- if it were "my time", he couldn't take the children from me and hand them over. So the police department says that they have to get the children from him.

My ex and his lawyer are refusing police access to the kids. I don't know if he's guilty and it is not my authority to decide. I just wondered if refusing police access to the kids is against the law.

In researching Washington State law, if the child is 11 years old or younger, police must notify the parent(s) and have them present. 12 and over is legal to question without parental consent. This is presently being challenged.

Our kids are only 6 years old (twin boys). My understanding of your answer is that he has to be present....but can he refuse to have the children interviewed? I'm apologize if this is a stupid question.

No question is stupid when it comes to things like this. To not ask and become educated is foolish, bordering on stupid.

With them being just babies, my advice is to make certain a child psychologist is involved. If you want to present them to the police for questioning during your time of possession, you are free to do so.

You should, prior to allowing the police to speak with them, advise the investigator that you prefer to have a child psychologist do the questioning, and have the investigator either be present at the time, or give the psychologist the relevant questions needed to be asked, and have it video-taped.

These are just your options. You are not required to act upon anything I have stated here.

Does the investigator want to question them as suspected victims?

Whatever their reasoning, protect the children. Child psychologist's know how to do this better than any police investigator.

The report was initially made by the children's psychologist. I had taken the to her initially because both boys were acting out (completely out of their character). They told her details about what was going on in dad's home, and she made the report. Her written report goes into detail about how she didn't "interview" the children, and that the disclosures that they made were spontaneous and outside the realm of normal knowledge of 6 year old children.

My problem is that he and I live in different parts of the state, and we have a really bad custody arrangement. We trade off school years. That means that I don't have the kids back until winter break. When the investigation first came out, the judge put a temporary order that neither my ex or I could take the children to any psychologist, social worker, or psychiatrist. His lawyer called the Police Chief and and told him that this whole thing is basically a vindictive ex wife making false allegations to gain the upper hand in a custody dispute. Neither of us has a history of accusing the other of anything, nor do we have a history of not getting along.

My question is what custody dispute? The custody of our children was decided years ago. There was no open civil case. I didn't know why my kids were acting out until their doctor told me. This is def not a case of "false allegations".

Not a big shocker, but just a few hours ago my attorney was faxed a motion for full custody of the children. My ex wants full custody on the grounds that I am falsley accusing him of sexual abuse. I'm not the one accusing him!

Your ex wants full custody so he can continue to keep the children from the police, because he knows that once you have them, you are free to allow the police to speak to them. Once the Judge in the modification hearing learns that he's presently under investigation for sexual abuse, he is not going to allow the modification.

That would be the prime opportunity for you to have your Motion to Modify ready to submit.

Can you, or do you mind sharing, why you don't already have full custody? Is there anything that would prevent you from obtaining such?

JBI2090 said:

the judge put a temporary order that neither my ex or I could take the children to any psychologist, social worker, or psychiatrist.

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Please shed some insight as to how this came about? Do you have any information as to the circumstances surrounding this?

We have joint custody because we agreed to it. At the time we filed for a divorce, neither of us could have afforded to take a contested custody case to trial. We did a stipulated agreement.

The temp order about not taking the kids to the doctor was done ex-parte. His attorney argued that she believed I would "doctor shop" and subject the children to numerous interviews, which I wouldn't. So at least for the duration of the police investigation, both of us are barred from seeking a doctor's opinion. Their original doctor's report has been handed over to the police department already. They are taking it to the prosecutor next week. From what the detectives have said, they believe that the case will be hard to prove. Even though my kids can tell them the who and where, because of their ages and the lack of other adults as witnesses, they are not sure the prosecutor can proceed. Where is the justice in that?

My attorney tried to get an ex-parte order barring him from contact with the kids during the investigation, but the judge disallowed it until the prosecutor can firm up actual charges against him.

If the temp order was done ex-parte, weren't you advised of any of the proceedings? It sure sounds to me that the Judge wasn't aware of all of the facts prior to issuing the order, and might not have actually issued it, if he/she had full knowledge.

I believe it would behoove you to file an Order to Show Cause, stipulating that that order was granted based on false testimony, and on an assumption tossed in there by his attorney.

All of the facts are not known to the Judge. You've already stated that there is no history of false allegations, and you are not the one that is bringing this action. You stated that you already have an attorney. You should request your attorney get a hearing before this Judge that signed the order, to make ALL relevant facts known.

I can understand where the Judge wouldn't sign a No-Contact order based on allegations, because there is nothing concrete.

While you might be prohibited from taking the children to a psychologist, is there anything definitive in the wording of that order that prohibits any other non-descriptive social employee from talking to the children, like an investigator from the D.A.'s office?

I wasn't notified of the ex-parte until after the judge made his "no doctors" ruling. This whole thing is completely absurd. The judge *does* know that there is a criminal investigation ongoing, but he doesn't care. This judge is known for his extreme rulings that are less than legal. (His rulings are often overturned in appeal). My opinion that is he is half a sh*t shy of fully bat sh*t crazy, which seems to be the general consensus of the citizens in his county.

The specific language in his temp order notes psychologists, psychiatrists, and social workers. No mention of family docs, ER docs, police investigators, or "social workers" who are not government employed.