Should I deny visitation?

[worried123456789]

Michigan

Non-custodial parent had parental rights suspended for almost a year because of child abuse and refusal to comply with recommendations by CPS. NCP finally satisfied the court and had parental rights reinstated. First visit took place last weekend and a new CPS investigation against NCP has opened since then. Child has a minor injury from improper child restraint, no seat belt (4 years old). I have been unable to get ahold of my attorney and have not heard back from CPS since they’ve made contact with NCP. I am supposed to exchange the children tomorrow for their first overnight. I do not want to violate a court order but I DO NOT want to put my children in harms way- and I do not want CPS to view it that way either. I have no idea what to do.

 

[LdiJ]

Michigan

Non-custodial parent had parental rights suspended for almost a year because of child abuse and refusal to comply with recommendations by CPS. NCP finally satisfied the court and had parental rights reinstated. First visit took place last weekend and a new CPS investigation against NCP has opened since then. Child has a minor injury from improper child restraint, no seat belt (4 years old). I have been unable to get ahold of my attorney and have not heard back from CPS since they’ve made contact with NCP. I am supposed to exchange the children tomorrow for their first overnight. I do not want to violate a court order but I DO NOT want to put my children in harms way- and I do not want CPS to view it that way either. I have no idea what to do.

How did CPS become aware of the minor injury to the child? Did you call them? Have they interviewed the child and noted the injury?

 

[worried123456789]

Yes I called them. They have interviewed the children and took photos of the injury.

The NCP response to me when I asked him about the incident was that “he knows the seat belt laws and they were going slow”.

 

[LdiJ]

Yes I called them. They have interviewed the children and took photos of the injury.

The NCP response to me when I asked him about the incident was that “he knows the seat belt laws and they were going slow”.

I am unsure what to tell you. If CPS didn't give you any instructions at the time they interviewed the children I really am not sure at all what you should do. You just need to do whatever you feel is in the best interest of the children.

 

[Ohiogal]

What type of injury? What evidence do you have that the child was not belted in? Were the police involved? You could be found in contempt.

 

[HRZ]

Absent a suitable child seat to current safety codes to transport a 4 year old child in a car is a violation of the law and unsafe ...that said it's going to be cheaper in the long run and more reliable outcome as to debate over denial of Dads rights to merely buy or provide a satisfactory child seat to Dad for use on " his" time .

 

[t74]

Have you always had the child belted into a properly installed carseat? Has your escape artist ever managed to get out of the carseat while you were driving? Since dad has not been around child, was he even aware of the type of carseat needed? It is likely he is clueless about what needs to be done.

The suggestion to provide an age appropriate one to him is a good one. Perhaps you could upgrade yours and give him the hand-me-down. Be sure it has the installation instructions or suggest he attend a clinic offered by the local police or social service agency or you yourself make sure it is installed properly. What is second nature to you is a major problem to someone being thrown into a new situation; some are so complicated to install that you need a PhD in engineering to do it properly - or be a mother.

When one of my family members was the emergency pickup for a friend's child, it was easier for us to buy an extra, basic carseat to keep in our car than to worry about finding one on short notice. Another family member always has her own children's and also an extra for a guest rider. Since they did not always fly with theirs, granny had them as well - sometimes purchased, sometimes borrowed since more than one was needed.

The goal is to have safe travel. Be part of the solution.

 

[worried123456789]

He has the proper seats but told them not to wear their belts because they were going slow and on dirt roads.

Both children told the same story, that dad told them They didn’t have to wear them. The injury was minor, a small rug burn like abrasion on the inside of the arm. Both children said that he hit his head on the seat in front of him and had his arm caught in the seatbelt which caused the abrasion.

Dad also admitted the abrasion did come from the seatbelt. He did not admit that he told them it was OK to take them off however it was easily implied through his responses that was the case but he thought that he was within his rights to do so

I received a text from CPS this morning stating that he seemed remorseful and that they have no grounds to further investigate the situation. CPS said that they did not see a reason for the children to not go with him. With that information the exchange did take place and the court order will Continue to be followed