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emergency ex parte, can i apply for one?

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turtletheturtle

Junior Member
Hawaii, honolulu
Cps is already involved and the court wont let me file any restraining orders right now. Not sure why.
Wondering if I can, and qualify for emergency custody ex parte.
We have joint custody now and can't change it till after December and that will be a fight to the death.
The twins are four years old. Their dad constantly has violent tantrums around them. He punches walls and doors, bangs his head into concrete walls and throes heavy objects around the kids.
He refused to take my daughter to the er to get her broken arm casted.
He takes kids to visit a convicted felon who is dangerous and on Meth. He takes the kids to work at his wood shop around big dangerous machinery, drills saws tools and paint fumes. He hit my oldest daughter twice now and both times were reported to the police.
He attacked me with one of the twins in his arm, punched my door next to my face and wouldn't let me escape.
Would this qualify?
If Cps is still involved will my request get auto denied like my restraining order Requests did?
Thanks,
 
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mommyanme

Member
Do you have proof? Police reports or mandatory reporting agencies like the school or daycare?

You will be going back for a modification, since it seems you already have an order in place. You need a significant change in circumstances. Did all this happen before or after your initial order?

You need to be less vague, what is CPS involved for, has the claim been substantiated by them, what is their case plan?

And in the end, Dad always has a right to his children barring extreme circumstances, just like you do.
 
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turtletheturtle

Junior Member
Do you have proof? Police reports or mandatory reporting agencies like the school or daycare?

You will be going back for a modification, since it seems you already have an order in place. You need a significant change in circumstances. Did all this happen before or after your initial order?

You need to be less vague, what is CPS involved for, has the claim been substantiated by them, what is their case plan?

And in the end, Dad always has a right to his children barring extreme circumstances, just like you do.
I was told I cant modify our joint custody until the CPS case is closed in December. I think the kids are in serious danger. He takes them to dangerous places and brings them to visit dangerous people. He refused my daughter medical treatment for her broken arm and lied about having an inhalor for her asthma.

The only police reports i have are him hitting my 7 year old, who does not have visitation with him, she is not his bio child. Other than that, the only 'proof' i have is me reporting to CPS and the social worker each time he puts them in danger or is not taking care of their medical needs. So I have all those emails between myself and the workers and lawyers. I have texts from him admitting he didnt have the asthma medication.

CPS was involved because we had cross TROs (restraining orders and the kids were on them) and because he accused me of giving the kids dangerous supplements (i had doctors letters and proof that it was safe and i was under medical advice) CPS seems to have found us both guilty of medical neglect (I am requesting a hearing to argue this) their case plan is for us to not use any form of herbal supplements again (for my 7 year old daughters lyme disease)

The broken arm, medical neglect, visiting violent felon, bringing to dangerous work area, lying and not having an inhalor for one of the twins has all been since the order was put in place.

So is there a way to intervene due to what I think is a very dangerous situation for my kids now? I feel they are in danger every time they go with him, and something terrible can and will eventually happen if I dont get them out of this 50/50 physical custody right away, especially if I have to wait till mid december just to file for custody modification...
 
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I'mTheFather

Senior Member
Has CPS documented those events? Have they documented that he takes them to work and exposes them to dangerous machinery?
 

mommyanme

Member
I was told I cant modify our joint custody until the CPS case is closed in December. I think the kids are in serious danger. He takes them to dangerous places and brings them to visit dangerous people. He refused my daughter medical treatment for her broken arm and lied about having an inhalor for her asthma.
Where's your proof? And if you were told you can't, well then, you can't.

The only police reports i have are him hitting my 7 year old, who does not have visitation with him, she is not his bio child. Other than that, the only 'proof' i have is me reporting to CPS and the social worker each time he puts them in danger or is not taking care of their medical needs. So I have all those emails between myself and the workers and lawyers. I have texts from him admitting he didnt have the asthma medication.
You've got nothing but your word against his. and you're still here trying to find a way to prove the lawyers wrong and file something?

CPS was involved because we had cross TROs (restraining orders and the kids were on them) and because he accused me of giving the kids dangerous supplements (i had doctors letters and proof that it was safe and i was under medical advice) CPS seems to have found us both guilty of medical neglect (I am requesting a hearing to argue this) their case plan is for us to not use any form of herbal supplements again (for my 7 year old daughters lyme disease)
There's more to this story so be honest and forthcoming with the entire story!

The broken arm, medical neglect, visiting violent felon, bringing to dangerous work area, lying and not having an inhalor for one of the twins has all been since the order was put in place.
Again.....You've got nothing

So is there a way to intervene due to what I think is a very dangerous situation for my kids now? I feel they are in danger every time they go with him, and something terrible can and will eventually happen if I dont get them out of this 50/50 physical custody right away, especially if I have to wait till mid december just to file for custody modification...
Nope.

I'm wondering, where is your 7 year old's dad?
 
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Ladyback1

Senior Member
so....CPS is involved with YOU because of your 7 y/o (who wasn't fathered by the man in question).

Where you still married when CPS became involved due to medical neglect? If NOT, what exactly was your Ex's part in medical neglect (per CPS investigation).

Me thinks there is way more to your story than you have posted.
 

turtletheturtle

Junior Member
how about a collaborative plan I made WITH my childs infectious disease doctor, I said in the beginning I had DOCTORS LETTERS! He LIED to CPS to get them involved, but he shot himself in the foot by saying I forced him to give the kids dangerous supplements (harmless, confirmed by FDA, EPA, OSHA and Poison control, and my doctor) so he got us both investigated for the medical neglect. He had NO complaints against me until I kicked him out for domestic violence! Two days later all of these false accusations come raining down on me.
My lawyers DO in fact forget to tell me I can do things like motion to dissolve his FALSE TRO on me...
you cant always just leave the futures of your kids up to one over worked lawyer... Thats why Im trying to get informed about my options so I have things I can bring up to her!
CPS is extremely bias and ignorant. They refuse to look into the stuff I report to them, and they refuse to give me any information about what they find when they do lightly look into it, so I dont know where to get this proof.
I am not being childish in any way. He is a violent domestic abuser and I am trying to keep my children safe.
 
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Proserpina

Senior Member
how about a collaborative plan I made WITH my childs infectious disease doctor, I said in the beginning I had DOCTORS LETTERS! He LIED to CPS to get them involved, but he shot himself in the foot by saying I forced him to give the kids dangerous supplements (harmless, confirmed by FDA, EPA, OSHA and Poison control, and my doctor) so he got us both investigated for the medical neglect. He had NO complaints against me until I kicked him out for domestic violence! Two days later all of these false accusations come raining down on me.
My lawyers DO in fact forget to tell me I can do things like motion to dissolve his FALSE TRO on me...
you cant always just leave the futures of your kids up to one over worked lawyer... Thats why Im trying to get informed about my options so I have things I can bring up to her!
CPS is extremely bias and ignorant. They refuse to look into the stuff I report to them, and they refuse to give me any information about what they find when they do lightly look into it, so I dont know where to get this proof.
I am not being childish in any way. He is a violent domestic abuser and I am trying to keep my children safe.


The FDA made that statement? How did that happen, exactly?
 

mommyanme

Member
how about a collaborative plan I made WITH my childs infectious disease doctor, I said in the beginning I had DOCTORS LETTERS! He LIED to CPS to get them involved, but he shot himself in the foot by saying I forced him to give the kids dangerous supplements (harmless, confirmed by FDA, EPA, OSHA and Poison control, and my doctor) so he got us both investigated for the medical neglect. He had NO complaints against me until I kicked him out for domestic violence! Two days later all of these false accusations come raining down on me.
My lawyers DO in fact forget to tell me I can do things like motion to dissolve his FALSE TRO on me...
you cant always just leave the futures of your kids up to one over worked lawyer... Thats why Im trying to get informed about my options so I have things I can bring up to her!
CPS is extremely bias and ignorant. They refuse to look into the stuff I report to them, and they refuse to give me any information about what they find when they do lightly look into it, so I dont know where to get this proof.
I am not being childish in any way. He is a violent domestic abuser and I am trying to keep my children safe.
http://www.webmd.com/vitamins-supplements/condition-1894-Lyme+Disease.aspx?diseaseid=1894&diseasename=Lyme+Disease Vitamins & Supplements Search
The content below was selected by the WebMD Editorial staff and is solely under WebMD's editorial control.
Your search for Lyme Disease returned 0 matches.

http://cid.oxfordjournals.org/content/43/9/1089.full ( link from the CDC website)
Therapeutic modalities not recommended. Because of a lack of biologic plausibility, lack of efficacy, absence of supporting data, or the potential for harm to the patient, the following are not recommended for treatment of patients with any manifestation of Lyme disease: first-generation cephalosporins, fluoroquinolones, carbapenems, vancomycin, metronidazole, tinidazole, amantadine, ketolides, isoniazid, trimethoprim-sulfamethoxazole, fluconazole, benzathine penicillin G, combinations of antimicrobials, pulsed-dosing (i.e., dosing on some days but not others), long-term antibiotic therapy, anti-Bartonella therapies, hyperbaric oxygen, ozone, fever therapy, intravenous immunoglobulin, cholestyramine, intravenous hydrogen peroxide, specific nutritional supplements, and others (see table 4) (E-III).


Why does CDC only link to one set of treatment guidelines?
CDC believes that the Infectious Disease Society of America (IDSA) guidelinesExternal Web Site Icon currently represent the best available synthesis of the medical literature on the diagnosis and treatment of Lyme disease. The IDSA, with input from CDC expert and other doctors, has developed and published Lyme disease treatment guidelines. Please note that the CDC does not produce Lyme disease treatment guidelines.

https://www.osha.gov/OshDoc/data_LymeFacts/lymefac.pdf

I even went so far as to ask my kids' pediatrician if she would EVER give herbs and supplements to a kid with lyme disease, can you guess the answer? NO! NEVER! Herbs in the wrong amount can damage a child's organs, anything other than vitamins and the antibiotics she gives, would have her reporting a parent. So I got to thinking and I'm guessing that INSTEAD of the antibiotics, you were giving ONLY supplements to your kiddo, that you read off of a crack pot website, that says you can naturally cure everything with herbs and therefore you were charged with medical neglect.

The worker isn't required to give you information on what she's doing on Dad's side. She's probably sick of hearing from you honestly.

You're complaining about your lawyer being over worked, then find another one.

You still haven't answered where your 7 yo's Dad is.

You haven't said what your goal is or how far away you want Dad to be.

And you answered the fact, that there seems to be no court order, so go ahead with your dramatic representations of Dad to a Family Court Judge and say hello to you being the visiting parent. Or you could end up with a GAL and like another Poster here, have that GAL report that you both have your heads stuck up your derriere and aren't fit to parent a rock.
 

Just Blue

Senior Member
http://www.webmd.com/vitamins-supplements/condition-1894-Lyme+Disease.aspx?diseaseid=1894&diseasename=Lyme+Disease Vitamins & Supplements Search
The content below was selected by the WebMD Editorial staff and is solely under WebMD's editorial control.
Your search for Lyme Disease returned 0 matches.

http://cid.oxfordjournals.org/content/43/9/1089.full ( link from the CDC website)
Therapeutic modalities not recommended. Because of a lack of biologic plausibility, lack of efficacy, absence of supporting data, or the potential for harm to the patient, the following are not recommended for treatment of patients with any manifestation of Lyme disease: first-generation cephalosporins, fluoroquinolones, carbapenems, vancomycin, metronidazole, tinidazole, amantadine, ketolides, isoniazid, trimethoprim-sulfamethoxazole, fluconazole, benzathine penicillin G, combinations of antimicrobials, pulsed-dosing (i.e., dosing on some days but not others), long-term antibiotic therapy, anti-Bartonella therapies, hyperbaric oxygen, ozone, fever therapy, intravenous immunoglobulin, cholestyramine, intravenous hydrogen peroxide, specific nutritional supplements, and others (see table 4) (E-III).


Why does CDC only link to one set of treatment guidelines?
CDC believes that the Infectious Disease Society of America (IDSA) guidelinesExternal Web Site Icon currently represent the best available synthesis of the medical literature on the diagnosis and treatment of Lyme disease. The IDSA, with input from CDC expert and other doctors, has developed and published Lyme disease treatment guidelines. Please note that the CDC does not produce Lyme disease treatment guidelines.

https://www.osha.gov/OshDoc/data_LymeFacts/lymefac.pdf

I even went so far as to ask my kids' pediatrician if she would EVER give herbs and supplements to a kid with lyme disease, can you guess the answer? NO! NEVER! Herbs in the wrong amount can damage a child's organs, anything other than vitamins and the antibiotics she gives, would have her reporting a parent. So I got to thinking and I'm guessing that INSTEAD of the antibiotics, you were giving ONLY supplements to your kiddo, that you read off of a crack pot website, that says you can naturally cure everything with herbs and therefore you were charged with medical neglect.

The worker isn't required to give you information on what she's doing on Dad's side. She's probably sick of hearing from you honestly.

You're complaining about your lawyer being over worked, then find another one.

You still haven't answered where your 7 yo's Dad is.

You haven't said what your goal is or how far away you want Dad to be.

And you answered the fact, that there seems to be no court order, so go ahead with your dramatic representations of Dad to a Family Court Judge and say hello to you being the visiting parent. Or you could end up with a GAL and like another Poster here, have that GAL report that you both have your heads stuck up your derriere and aren't fit to parent a rock.
Correction...

Carrot. ;)
 

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