false protective orders again

[pcarroll]

Here is a thread I posted last week and never got a response. My custody/visitation court date is 12-7-00. I'm seeking joint legal/physical custody. And I've also filed a Show Cause for the visits the were denied. Can someone advise me on the thread below?

Posted 11-22-00:
I live in DC and my 17 month old daughter lives in Caroline County Va (about 2hrs. drive). I have visitation rights for my daughter. Since August of this year, I've had one visit. The first two visits since the above mentioned date were intertupted by false child protective order file by my daugter's mother. I missed the priliminary hearings because I didn't get notification, so the order was extended until the custody review. At the review the judge terminated the protective order and denied all other motions. Visitation was to resume as ordered. When I went to pick my daughter up as schedueled, I was asked (by my daughters grandfather) to wait in my car. 10 minutes later a police car pulled up and served me with another protecitve order (family abuse). There had been no contact from the hearing to the visit. The hearing on this order had the same result. The next visit I was ordered by my daughter's mother to not bring my father with me to pick my daughter up or she would not let her go. I dropped my father off at a near by truck stop and proceeded to pick my daughter up. (My cousin was still in the car with me). When I got to the house I called from my cell phone to let them know I was there. My daughter's grand mother answered and put me on hold. Will on hold, my daughter's father approached my car with a flash light shinning it in my window, asking who was in the car. When he saw who was in the car, he returned to the house. This is when my daughter's grandmother returned to the line to tell me that they had to go get "them". (My daughter and her mother). Needless to say my daughter's mother was very confrontational as usual. Since then, I have missed 1 visit because their saying my daighter was ill and I was just told that my next visit will be interupted because the child is still ill. What can I do to avoid the protective orders and the denial of my visitation? These are the same doctors that said I was to blame for diaper rash which stemmed the first protective order.

 

[LadyBlu]

Here is a thread I posted last week and never got a response. My custody/visitation court date is 12-7-00. I'm seeking joint legal/physical custody. And I've also filed a Show Cause for the visits the were denied. Can someone advise me on the thread below?

Posted 11-22-00:
I live in DC and my 17 month old daughter lives in Caroline County Va (about 2hrs. drive). I have visitation rights for my daughter. Since August of this year, I've had one visit. The first two visits since the above mentioned date were intertupted by false child protective order file by my daugter's mother. I missed the priliminary hearings because I didn't get notification, so the order was extended until the custody review. At the review the judge terminated the protective order and denied all other motions. Visitation was to resume as ordered. When I went to pick my daughter up as schedueled, I was asked (by my daughters grandfather) to wait in my car. 10 minutes later a police car pulled up and served me with another protecitve order (family abuse). There had been no contact from the hearing to the visit. The hearing on this order had the same result. The next visit I was ordered by my daughter's mother to not bring my father with me to pick my daughter up or she would not let her go. I dropped my father off at a near by truck stop and proceeded to pick my daughter up. (My cousin was still in the car with me). When I got to the house I called from my cell phone to let them know I was there. My daughter's grand mother answered and put me on hold. Will on hold, my daughter's father approached my car with a flash light shinning it in my window, asking who was in the car. When he saw who was in the car, he returned to the house. This is when my daughter's grandmother returned to the line to tell me that they had to go get "them". (My daughter and her mother). Needless to say my daughter's mother was very confrontational as usual. Since then, I have missed 1 visit because their saying my daighter was ill and I was just told that my next visit will be interupted because the child is still ill. What can I do to avoid the protective orders and the denial of my visitation? These are the same doctors that said I was to blame for diaper rash which stemmed the first protective order.

My Suggestion:

Document, Document, Document... they are denying visitation because the child developed a diaper rash? Well I would be questioning if the child has been treated by a Dr for her illness, and if so why is she still sick after such a long period? If she is not suffering from original illness then why is she sick so often? Seems to me they are negligent of some of the same things they have accused you of..

As for the protective orders, I would contact the clerk at the court and find out why you were never notified of the hearings for the orders.

Is this by any chance happening in a small town? If so does the grandparents have some kind of pull locally?

If so, I would request the jurisdiction be changed or another judge sit in on the hearing because of prejudice.


Another suggestion, arrange a neutral location.. such as the PD to pick up and return the child.. that way if anything should happen you have witnesses. You can ask the court to stipulate that in the orders.

I have a question also, why are you having to pick the children up from the Grandparents residence?

 

[pcarroll]

Thanks for your reply. You hit it right on the head. I have everything documented. As for the protective orders, the first one was for the diaper rash. And the second one was for family abuse when there was no contact from the time of the first to the filing of the second. The clerks sent the notification via certified mail to my parents house. (the only address my daughter's mother has) I haven't lived there for 3 years.

Yes this is a small town and my daughter's grandparents are Reverends. On two occasions, when talking to police officers, the grandfather was refered to as The Reverend "lastname". So they do have some pull.

I am going to suggest a neutral location for pick-up/drop-off.

The child and her mother live with the grand parents. I think. The mother claims she lives in Va., but she works in DC M-F, 9-5. And the grandparents keep the child during the week.

Is there anything that can be done to keep the protective orders from happening. Can I request any future protective orders be accompanied by police report? How can I go about having the courts do something about the perjury?

thanks