Can I sue my ex for making false CPS reports?

[JanetTat2Vixon6]

NY.

My ex and I are constantly in court, he is not allowed to see the children or speak to them (order of protection). He has called CPS on me three times in the past 2 years, I can prove two of them by his admittance and his daughter confirmed the other. The last time he called was the day after I had him arrested for breaking the order of protection. The next thing I know, I have CPS at my door stating that a report was called in stating my house is unsafe, I don't feed my children (including my newborn baby) and that my older children (my ex's children) are sleeping surrounded by feces & its all over the home! These were the EXACT statements that were reported in the last report. Mind you, my ex nor anyone he knows has EVER stepped foot into the two homes he as reported me on. I spoke with the DA and explained to him that even though these reports are always unfounded, my children and I should not be subjected to continuous harassment by him or CPS. He understood, but said he can't arrest my ex for calling these in because my ex states that someone told him those things, but I explained that nobody my ex knows has ever been in my home so who would tell him that - he's lying! Can I sue him for harassment due to these false reports? me of your state?

 

[stepmom65]

Hi. Unfortunately these type of events are all to common. My husband's ex tried to to a similar thing. He spent money on an attorney to defend himself and defend his visitation and custody rights....Long story short, the charges that she claimed were proved "UNFOUNDED" by CPS every time and they submitted their report to the court stating the "the mother was mentally abusing the children by contuniuously to file these reports. My husband received temporary full custody until she completed court ordered parenting classes....Needlesstosay and $1000 later, she finally got it that she could not keep acting this way.

People should not try fighting these issues on their own. Find the money, anywhere you can, any way you can. Although attorney's can be expensive, it is well worth the $$$ when it comes to children's safety and well-being.

Good Luck

 

[candi4687]

Darlin, YOU HAVE IT MADE!!! My ex was calling so often that I was getting a visit AT LEAST once a week for months at a time by either DCS or the police! Everything from me leaving the children alone (which NEVER happened!) to my house was beyond livable conditions for even a dog and that I allowed my son (age 3 at the time! )to take a gun and shot a hole in my ceiling. I HAVE NEVER EVEN OWNED A GUN muchless have one in my home. In my situation I am trying to use that as harrasment to show one of the reasons why I moved away but as far as suing him just for 3 calls is just impossible. But hey, if you find something different out, LET ME KNOW!!! I know from experience that it gets to you knowing people are always watching you and your home but just get the jump on them! Keep your house as clean as possible (Hard with kids but NOT impossible) and take care of your kids and show them all the love they DESERVE. DO this and you can laugh it off like I had to do. Makes them more mad to know that you are not doing anything wrong
BY THE WAY.. You can do NOTHING to CPS, they have EVERY right to check on things reported about your children's safety

 

[azgrandpa]

By the way; If you all ever wondered what gives state the right to interfere in your family affairs. IT'S THE MARRIAGE LICENSE!!

 

[LdiJ]

Actually, after a while CPS usually gets to the point where they will just plain stop investigating complaints against a particular parent. When they are ruled "unfounded" over and over again CPS can get fed up. There have even been some instances where CPS has prosecuted someone for making false reports. It doesn't happen often but it has happened.

I am directly familiar with a case where a mother went on almost a terroristic attack against the families of 6 or 7 teens who were to testify against her son in criminal court. She eventually got jailed for harassment and intimidation of witnesses, but not before she had wreaked some serious havoc in all of their lives.

I also know of cases where the CPS workers have actually gotten to be FRIENDS with the parents who are continually falsely accused...LOL It all really depends on how large of a system you are dealing with. The bigger the system the longer the false accusations can give you trouble.