A request to remove someone's visitation rights is a very HUGE deal. It is not something that I would attempt without an attorney, or without at least consulting an attorney. In any case, you would absolutely need to do all of this in writing, PRIOR to the hearing. I would not recommend waiting and presenting it in court.
The same thing applies to abuse of process.
You might want to run the details by us for an opinion.
Well, the details of this case are quite lengthy, and quite honestly, horrifying, if in my shoes. I will give it a try:
About 6 months ago CPS showed up. They claimed that my 3-year-old daughter had told them that I inappropriately touched her "privates."
Immediately, I volunteered for a CVSA (lie detector), which I passed - twice.
Also, my wife had filed the 1st motion to have all of my visitation taken away. I cooperated 100% with the CPS worker and the detectives. The detectives dropped their investigation, within 10 minutes of my passing the CVSA. My 3 year old, and her autistic sister (also my daughter) underwent full medical exams. The exams found no signs of abuse.
Their 1st attempt at removing the visitation, they brought in a psychologist (their so-called expert witness) who testified that she believed that I had committed this crime.
I posed a question to the therapist of, "Is it possible that someone had persuaded my daughter into making such a statement and if she had examined the possibility?"
She said yes, it was possible and no, she had not examined that possibility.
The judge stopped the proceedings and dismissed the case on grounds of lack of evidence.
Now, she and her lawyer have filed yet another motion, alleging the same thing. Only this time they have changed the wording of my daughter's initial statement. (originally they said that "I inserted my finger" now they are saying "touched.")
My daughter has now told her therapist that alleged incident occurred while I was actually driving my car. That she was in the rear seat of my truck, directly behind me. My daughter also has an overhead latch, which buckles between her legs, making it impossible for this to happen.
The G.A.L. (who had sided with my ex during the divorce and was biased against me) has said that no abuse has occurred.
The therapist is further investigating, now believing that, in fact, my daughter HAD been told to lie.
Also, during this time (the past 6 months) my ex called my place of employment and told them that I was a, "child molester." Which, I left that place (due to the harassment.) I have not been able to find work since then, due to our decree stating that I must notify her of any change of employment. Any time that I do she calls the business and informs them of the same thing.
So, they have filed a motion for removal of visitation and back child support.
They have no evidence (even their therapist has sided with me).
Her lawyer has knowingly and purposely changed the wording of my daughter's statements.
I have testimony of CPS, County detectives, a medical exam and my daughters therapist.
The reason why I am "going this alone" is because the lawyers that I have spoken with are reluctant to pursue a case against another attorney. Not for fear of losing, but, for fear of winning. Lawyers don't want to be known as the one that beats a peer. And quite honestly, I don't trust that a lawyer will go to the lengths that are needed to win.
In my counter I plan to file the abuse of process and malicious prosecution, via a civil suit. Where I am asking for damages.
I am requesting a trial by jury.
I am also seeking damages from my ex and her attorney for slander.
I am asking that HER visitation be taken (because of manipulating my daughter to make these allegations - causing mental abuse)
I think that's about it (sorry so long) but it's the nutshell of what has been occurring. There are other minor details, but this is the bulk.
Our current visitation schedule is every other weekend.
