Abuse charges "un-filed"

[Becki C.]

state: tennessee

I thank anyone for any advice/opinion in advance.

i posted on here recently that my husband's ex was attempting to get custody of my step-kids from my husband. he has had custody since the divorce in 1995. the children are now 13 and 11 yrs. old. the ex filed for custody on the grounds of suspected "physical and mental abuse" with the juvenile court in my city. she lives in the same city as well.

the other day, i received a phone call from a representative of children's services who told me that he worked for the court and he had gone to the school of my stepson (the 13 year old) and spoken to him about his life at home with his dad and me. the rep told me that he "didn't see or hear anything" in his conversation with my stepson that indicated any abuse. he furthered by saying he was "un-filing the charges" as he believed the charges to be unfounded and he would "prepare a report" stating as much for our court date.

these are my two questions:
i realize since my husband's ex filed a petition with the court that we still have to appear on this matter; however, since the representative from children's services said he found no evidence of abuse does this mean the petition could be thrown out altogether? how much "weight" will this hold with the court?

 

[seniorjudge]

the other day, i received a phone call from a representative of children's services who told me that he worked for the court and he had gone to the school of my stepson (the 13 year old) and spoken to him about his life at home with his dad and me. the rep told me that he "didn't see or hear anything" in his conversation with my stepson that indicated any abuse. he furthered by saying he was "un-filing the charges" as he believed the charges to be unfounded and he would "prepare a report" stating as much for our court date.

I would be highly suspicious of this phone call. Why would this person talk to you? And why would he use the term "un-file"? I suspect someone is playing a very unfunny joke on you.

 

[Becki C.]

if someone is playing a joke, they are very good at it as my caller id gave the phone number and the name identified the call as " xxxxxxx children's services". (the xxxx stands for the name of my city).

 

[casa]

state: tennessee

I thank anyone for any advice/opinion in advance.

i posted on here recently that my husband's ex was attempting to get custody of my step-kids from my husband. he has had custody since the divorce in 1995. the children are now 13 and 11 yrs. old. the ex filed for custody on the grounds of suspected "physical and mental abuse" with the juvenile court in my city. she lives in the same city as well.

the other day, i received a phone call from a representative of children's services who told me that he worked for the court and he had gone to the school of my stepson (the 13 year old) and spoken to him about his life at home with his dad and me. the rep told me that he "didn't see or hear anything" in his conversation with my stepson that indicated any abuse. he furthered by saying he was "un-filing the charges" as he believed the charges to be unfounded and he would "prepare a report" stating as much for our court date.

these are my two questions:
i realize since my husband's ex filed a petition with the court that we still have to appear on this matter; however, since the representative from children's services said he found no evidence of abuse does this mean the petition could be thrown out altogether? how much "weight" will this hold with the court?

I am not sure about TN, but in CA when my nuttyX filed false report of abuse- I too received a phone call stating similar. I was not told it would be "un-filed" but that the allegations were unfounded, that the social worker had no concerns about our home or the children and that they'd write the same in their report- which they did.

What I would do (& I did do) is call back to Children's Services and ask to speak with the person handling the issue to confirm.

 

[seniorjudge]

if someone is playing a joke, they are very good at it as my caller id gave the phone number and the name identified the call as " xxxxxxx children's services". (the xxxx stands for the name of my city).

Had both parents filed a waiver of privacy notice allowing you to be in on this?

 

[Becki C.]

the first my husband and i heard of this was when we were served with the petition his ex filed asking for custody, with the ex alleging abuse charges. the court automatically notified children's services since they operate together in the same building. we knew nothing of children's services being brought in on this until i got the phone call stating that we had been "investigated" and the charges would be "un-filed". my husband couldn't have signed a "waiver" when we didn't know we were even being investigated. i don't know what my husband's ex wife may have signed in the way of a "waiver". in fact, the rep from children's services called a second time, spoke to my husband and that's when he told my husband that he was preparing his report for court to present it to the judge as he felt the charges were unfounded.

 

[You Are Guilty]

the first my husband and i heard of this was when we were served with the petition his ex filed asking for custody, with the ex alleging abuse charges. the court automatically notified children's services since they operate together in the same building. we knew nothing of children's services being brought in on this until i got the phone call stating that we had been "investigated" and the charges would be "un-filed". my husband couldn't have signed a "waiver" when we didn't know we were even being investigated. i don't know what my husband's ex wife may have signed in the way of a "waiver". in fact, the rep from children's services called a second time, spoke to my husband and that's when he told my husband that he was preparing his report for court to present it to the judge as he felt the charges were unfounded.

The proper/correct term is "unfounded". "Unfiled" is what you get when you hire caseworkers with a high school edu-ma-cation. Confirm the finding with the case manager to be sure though - the caseworker will need supervisory approval before they can just drop the matter.

 

[seniorjudge]

The proper/correct term is "unfounded". "Unfiled" is what you get when you hire caseworkers with a high school edu-ma-cation. Confirm the finding with the case manager to be sure though - the caseworker will need supervisory approval before they can just drop the matter.

Could be; but what OP is describing would be grounds for dismissal for most welfare workers.

 

[Becki C.]

i greatly appreciate all of the advice, but i'm a little confused. although we have to appear on the matter because the rep for children's services does not have the authority to revoke the petition my husband's ex filed, i am wondering if the report will be enough to sway the judge into dismissing the case.

 

[seniorjudge]

i greatly appreciate all of the advice, but i'm a little confused. although we have to appear on the matter because the rep for children's services does not have the authority to revoke the petition my husband's ex filed, i am wondering if the report will be enough to sway the judge into dismissing the case.

It may be.

I do not know what is in that report and I do not know what the other evidence is.

There's about a 50-50 chance either way.