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Cps victim

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cpsvictim

Junior Member
What is the name of your state (only U.S. law)? California

Where does one turn when CPS has illegally removed children and the court makes a finding against parents NOT based on factual evidence. Actually there is evidence contrary to the courts allegations but parents court appointed attorney failed to introduce evidence.What is the name of your state (only U.S. law)?
 


seniorjudge

Senior Member
Q: Where does one turn when CPS has illegally removed children and the court makes a finding against parents NOT based on factual evidence.

A: The court of appeals.
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? California

Where does one turn when CPS has illegally removed children and the court makes a finding against parents NOT based on factual evidence. Actually there is evidence contrary to the courts allegations but parents court appointed attorney failed to introduce evidence.What is the name of your state (only U.S. law)?
When was the trial?? What reason did the court give for their findings? What reason did CPS take the children away?
 

CdwJava

Senior Member
Where does one turn when CPS has illegally removed children and the court makes a finding against parents NOT based on factual evidence.
It would seem that if a court found that CPS acted properly that it would be a prima facie lawful removal.

Actually there is evidence contrary to the courts allegations but parents court appointed attorney failed to introduce evidence.
Very often what lay people feel is "evidence" really is not. Plus, there may be a different hearing to present this evidence.

It might help if you gave a little more detail as to what happened.

- Carl
 

cpsvictim

Junior Member
Here is a detailed account of what happened my children have been with cps 4 months not


MY WIFE AND I MET IN JUNE OF 2004 By October 2004 I moved 500 miles from La Jolla CA to San Francisco CA to live with her and pursue a relationship.

When we met my wife who was from China and had only been in the United States 5 years when we met told me she had four dreams in life. First to get married and have a family. Second was to own her own home. Third, she wanted to have her own business doing international trade between china and the united states and fourth she wanted to bring her father over to the United States from China.

I was in love with this woman and I was determined to make all of her dreams come true.

We were eventually married in March of 2006 just one month prior to the birth of our first son. With our marriage and the birth of our first son, I felt I was at least on the way to fulfilling one of her dreams.

In January of 2007 We moved to La Jolla and bought a house in the cove. Dream number two fulfilled. In February of 2008 our second son was born, dream number one was now complete.

When we moved to La Jolla I formed a corporation and began finding clients in the United States and Mexico to purchase goods we purchased in China. I made my wife CEO of the corporation fulfilling dream number three.

Dream number four was a next t impossible task because of my father in laws position in the red army the Chinese government would not issue him a passport or otherwise let him leave the country. My wife wanted our children to spend some time with her parents while they were young and her parents were getting up there in years so we decided we would move to China for a couple years.

Act5ually we decided to sell the house, given the economic environment in the United States at the time, My wife and children would move to China for a couple years and I would go to China for six months to establish the China division of our corporation, then to Chile for six months to establish a corporation in that country, then to Poland for six months to establish a corporation in that country and then back to china for six more months to handle some business for another project I was working on in the united states.

We were a happy young couple living on the beach with two beautiful children, working from home for ourselves in one of the most gorgeous places in the world.

We had accepted an offer on our home and were about to close when all hell broke loose What happened next changed our lives forever and ripped our family apart.

In august 2008 my wife came home from the grocery store with our children, she had been shop lifting. This was occurring with increasing frequency and I was getting frustrated. I had a discussion with her but did not raise my voice in any way. I did tell her that she was not being a good role model for the children and therefore was not being a good mother. A couple of hours later I had locked myself in the office to get some work done and my wife was watching the children. I heard a BANG and a THUD followed by a scream. I ran out to the living room and found our 6 month old son lying on the floor between the couch and a glass table. My wife had left him on the couch unattended. At this point I must say that two weeks prior to this incident I had a conversation with my wife in which we discussed not leaving the baby on the couch unattended as he was at an age thet he was moving around more and would fall. This was the fourth time in two weeks he had fallen off the couch.

My wife was upstairs doing laundry. She had not communicated with me that she was leaving the child unattended or I would have gladly came out and watched him. This time I yealled my wifes name and she came down stairs. I again made statements about her not being a good mother and she was visibly angry about it.

A couple of hours later I went to bed.

Some time after I went to sleep my wife left with the children. She called my sister and told her she didn’t want to go home. My sister told her to come to her house but my wife said she did not want to drive 500 miles with the children. My sister then told her to go to a shelter. My called 911 to try to get into a shelter. They asked her if she had been physically abused, she replied that she had not. They then told her there was no space available for her in any shelter and gave her another phone number

I awoke around 1:00 AM to find the house empty. I called my friend Marie to see if my wife was there. She was. I spoke with my wife and she said she was coming home with the children. Again I told her this was not the way a good mother would raise her children, keeping them out until 1:00 AM. She said the children were fine, they were sleeping. I told her just to stay the night at Marie’s since the children were sleeping and the time away from each other would be harmful to us. She agreed and stayed the night at arie’s

The next morning I called Marie’s again. This time I reminded my wife that a mold inspector was coming by that morning and it may be better if she took the children to the La Jolla recreation center until the mold inspector left. She agreed.

A while later there was a knock at the door. I opened it to find a representative from San Diego Gas and electric. He said the bill had not been paid and needed to be in the next 48 hours. I told him we had anticipated closing on the house but the sale had been delayed, so we thought we would be paying a closing bill but it would be taken care of. He provided me with an address of a mailbox etc. where the bill could be paid.
I called my wife and asked her t go to the mailbox etc. place to pay the bill. She said she would. About an hour land a half later I got a call from the mailbox place. It was a woman asking me to have my wife return and clean up the mess our son had made while she was in the store. I called my wife and again explained to her, in a calm voice, that this was exactly the type of issue I was constantly referring to. Children need guidance and supervision and cannot be left to run wild. I asked her to go back to the store and clean the mess and told her it was ok to come home that the mold inspector had gone.

My wife at this point told me she was going to a shelter and that she was going to take the children to china and I would never see them again.

The next day was Tuesday. I thought my wife had probably gone to a friends home so I called the police to conduct a welfare check on the home. While the welfare check was being conducted a female police officer came to my house and was acting as if I had committed a crime for calling. I called her a lazy bulldyke and asked her to leave. The officer was officer quintos.

On Wednesday Sept 3rd my wife began closing bank accounts. I immediately went to the courthouse and got a restraining order to prevent her from leaving the country.

The following Sunday 7th my wife called and said she wanted to come home and work things out. I told her if we decided to do that I didn’t want it to be an empty statement people often make to get back into their comfort zone and we would both have to be willing to attend parenting classes, family counseling and become more active in our church. We agreed and she came home. That evening we began looking into parenting classes and on Monday the 8th we contacted a few counselors. The four of us spent the rest of the day at the beach as a family and had a perfect day. Later that evening my wife asked me to run to the store. As I was leaving the garage a police officer approached me and asked me to step out of my vehicle. I did. Four other police officers came. One was officer quintos.

The police illegally searched our home and repeatedly asked my wife if I had been physically abusive to her. My wife repeatedly denied any physical abuse.

The police removed the children from the home and officer Quintos told my wife that if she did not say I was physically abusive she would never see the children again.

I heard officer quintos tell this to my wife.

Then, the police report claimed my wife told a detailed story of abuse and how I choked her. Actually what my wife said was “fine, he did what ever you say”

GS
[email protected]
NO MORE FAMILY INJUSTICE
 

CdwJava

Senior Member
While the welfare check was being conducted a female police officer came to my house and was acting as if I had committed a crime for calling. I called her a lazy bulldyke and asked her to leave.
Wow! Way to have a positive influence on people!

I have to say, so far you sound like a rather controlling individual and trying to create a fantasy reality ... perhaps I'm wrong, but there are a number of specific statements you make in your post that give me some concern.

On Wednesday Sept 3rd my wife began closing bank accounts. I immediately went to the courthouse and got a restraining order to prevent her from leaving the country.
Did you also seek temporary custody or legal separation? You can't really prevent your wife from doign anything ... you CAN prevent the children from leaving the country, though - not her.

The following Sunday 7th my wife called and said she wanted to come home and work things out. I told her if we decided to do that I didn’t want it to be an empty statement people often make to get back into their comfort zone and we would both have to be willing to attend parenting classes, family counseling and become more active in our church. We agreed and she came home.
Promising.

As I was leaving the garage a police officer approached me and asked me to step out of my vehicle. I did. Four other police officers came. One was officer quintos.
Okay. And they were there, because???

The police illegally searched our home and repeatedly asked my wife if I had been physically abusive to her. My wife repeatedly denied any physical abuse.
Has a court ruled that they "illegally" searched your home? There can be any number of lawful reasons they searched your home or part of it. Without knowing why they say they did, I can't say whether I think it was "illegal" or not.

The police removed the children from the home and officer Quintos told my wife that if she did not say I was physically abusive she would never see the children again.
Apparently they knew something you didn't. And, I suppose if your wife testifies in court that the officer made such a statement coercing her to lie (assuming it WAS a lie) then you standa good chance of prevailing ... unless, of course, the state can show that YOU coerced your wife to say that she was coerced by the officer. Ah, it can become dizzying.

Then, the police report claimed my wife told a detailed story of abuse and how I choked her. Actually what my wife said was “fine, he did what ever you say”
A detailed story abuse if a far cry from “fine, he did what ever you say”.

So, when you went to the court hearing regarding the children, what happened? What did the state say? What did you say in your defense? Apparently the judge found that there was sufficient cause to keep the children from the home for now. What plan has been put forth for family reunification? What are you doing now to get the children back?

- Carl
 

cpsvictim

Junior Member
Why where the police there

When my wife went to the shelter and then returned home, the shelter made an anonymous call to cps - cps called the police to come by and conduct a welfare check. That is why the police came by on the 8th. - By the way, my wife told the shelter I was not physically abusive, and my wife has testified in family court I was not physically abusive. In juvenile court at the juris/dispo hearing she took the fifth amendment when asked if I was physically abusive.

I would agree that some of the statements I made to my wife were emotionally abusive and even controlling. I did not intend to be controlling and I was more than willing, actually I was the one that "suggested" we go to family counseling as I was and am willing to work on these issues. I am not claiming to be a saint BUT I can honestly say we have never subjected our children to emotional abuse - The reason the county has given for keeping the children - we even made it a point to not argue in front of them. We are actually educated and mature people.
 

CdwJava

Senior Member
When my wife went to the shelter and then returned home, the shelter made an anonymous call to cps - cps called the police to come by and conduct a welfare check.
Not an uncommon occurrence. Obviously something was said or observed that gave CPS and then the police some reason to think something might be amiss.

That is why the police came by on the 8th. - By the way, my wife told the shelter I was not physically abusive, and my wife has testified in family court I was not physically abusive. In juvenile court at the juris/dispo hearing she took the fifth amendment when asked if I was physically abusive.
I assume the latter hearing was in Family Court, not Juvenile Court.

There is a psychological dynamic with DV that makes claims of no abuse sometimes suspect. Even when we have valid cases of abuse the victim will (in about 3/4 of cases) recant and deny that any abuse happened. The shelter was likely thinking along those lines. However, when the REAL test came - in court - your wife chose not to speak. Her failure to speak on your behalf - and hers - will continue to provide a stumbling block as to the return of the children. The state's goal is to provide for the welfare of the children. Until they are reasonably assured that the children will not be subject to scenes of verbal or physical abuse, or neglect, they will likely hold on to the children. There have been some very highly publicized events recently in Sacramento and in San Diego where CPS was accused of being too timid and children died as a result. So, the pendulum is swinging back in the other direction once again and they will now likely be far more skeptical - cautious, if you will - when it comes to returning children to the home.

I would agree that some of the statements I made to my wife were emotionally abusive and even controlling. I did not intend to be controlling and I was more than willing, actually I was the one that "suggested" we go to family counseling as I was and am willing to work on these issues.
This is a good sign, and it will likely be one of the mandates in any plan arranged by CPS and the court.

I am not claiming to be a saint BUT I can honestly say we have never subjected our children to emotional abuse - The reason the county has given for keeping the children - we even made it a point to not argue in front of them. We are actually educated and mature people.
Even educated and mature people can make mistakes and act improperly or abusive. I have taken children from the homes of the poor and the wealthy - abuse and neglect do not adhere to such defined guidelines. Plus, emotional abuse comes in many forms. Not hitting each other or even yelling at each other in front of the children is only part of the overall equation.

Work with your attorney on what to do to get the children back. expect that some form of reunification plan may be forthcoming, and you might consider taking steps ahead of time to allay some of their concerns (parental counseling, marriage counseling, etc.).

- Carl
 

stealth2

Under the Radar Member
Just a thought, Carl... Assuming CPS is aware of it, wouldn't neglect also be at play here? Mom leaves the infant to fall off the sofa at least four times - something Dad is aware of - and Dad continues to leave the child with her. I'm sure this is not the only instance that both are culpable for.

And I agree that there is a fair bit of control being shown. OP - consider some counseling for yourself for it.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California

Where does one turn when CPS has illegally removed children and the court makes a finding against parents NOT based on factual evidence. Actually there is evidence contrary to the courts allegations but parents court appointed attorney failed to introduce evidence.What is the name of your state (only U.S. law)?
I'm still trying to find evidence contrary to the allegations. (BTW, it's not the "court's allegations")
 

CdwJava

Senior Member
Just a thought, Carl... Assuming CPS is aware of it, wouldn't neglect also be at play here? Mom leaves the infant to fall off the sofa at least four times - something Dad is aware of - and Dad continues to leave the child with her. I'm sure this is not the only instance that both are culpable for.

And I agree that there is a fair bit of control being shown. OP - consider some counseling for yourself for it.
I think it is the big picture of the family dynamic that is being used to spell out neglect here - not just the DV.

- Carl
 

CourtClerk

Senior Member
I assume the latter hearing was in Family Court, not Juvenile Court.
Actually, given the circumstances, I would assume the hearing was actually in Juvenile Court and not in Family Court. The biggest reason I give for that is because the OP said there was a dispo hearing, those are done in Juvenile Court. Juvenile Court is comprised of delinquency and dependency courts. This would have been heard in a Juvenile Dependency court. Other than that, I agree with you completely.

The OP sounds very suspect to me re: abuse.
 

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