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Author Topic: Hearing on Ex Parte Order tomorrow  (Read 1318 times)

3LittleBirds

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Hearing on Ex Parte Order tomorrow
« on: Oct 25, 2005, 08:41:43 AM »
Soc:
I ended up getting an EPO giving me temp. custody of my kids. We go to Ct tomorrow, in front of a female judge in NC.  

As it turns out, BM has a friend that's a convicted cocaine felon living in the house while he's on house arrest. She has had both of my kids mix her cocktails. She has had parties at the house until all hours of the night. The kids have locked themselves in their rooms because of the strange people in the house. My oldest isn't allowed to hang out with one of her friends because her friend's mother knows the BM's reputation of using drugs. The BM told the kids to never tell me what goes on in her house. The BM interrogates the kids after I see them or talk to them. She has money to party but not to buy the kids clothes. The oldest thinks BM's dealing drugs. That's just the tip of the iceberg.

I may be misunderstanding my lawyer, but I think he said that they will have to go back to BM unless I can prove that the girls are being sexually or physically absued or the BM is about to leave the state with the kids. Please tell me I've misunderstood something??? Would a judge really send the kids back to live in those conditions?

Thanks Soc.


socrateaser

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RE: Hearing on Ex Parte Order tomorrow
« Reply #1 on: Oct 25, 2005, 09:59:46 AM »
>Soc:
>I ended up getting an EPO giving me temp. custody of my kids.
>We go to Ct tomorrow, in front of a female judge in NC.  
>
>As it turns out, BM has a friend that's a convicted cocaine
>felon living in the house while he's on house arrest. She has
>had both of my kids mix her cocktails. She has had parties at
>the house until all hours of the night. The kids have locked
>themselves in their rooms because of the strange people in the
>house. My oldest isn't allowed to hang out with one of her
>friends because her friend's mother knows the BM's reputation
>of using drugs. The BM told the kids to never tell me what
>goes on in her house. The BM interrogates the kids after I see
>them or talk to them. She has money to party but not to buy
>the kids clothes. The oldest thinks BM's dealing drugs. That's
>just the tip of the iceberg.
>
>I may be misunderstanding my lawyer, but I think he said that
>they will have to go back to BM unless I can prove that the
>girls are being sexually or physically absued or the BM is
>about to leave the state with the kids. Please tell me I've
>misunderstood something??? Would a judge really send the kids
>back to live in those conditions?

Under the circumstances, and only if you cannot produce any other proof of your contentions, I think that you should call the kids as witnesses. The reason for this is I think you should have had the kids evaluated by an expert therapist who could testify as to the children's mental state of fear -- that would have given you a huge edge in the hearing. But, as there is not time to do this prior to the hearing, the court needs to hear the children express this fear in person.

Ordinarily, I would say that this is a sure way to shoot your toes off. But, if what you are describing is accurate, then there is a credible threat to the kids, and only the kids are available to witness it.

 

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