Soc: Question regarding CPS investigations

[Yngsmommy]

BM has filed allegations with CPS against us 3 different times.

They were:
Child abuse
Child Abuse
Child neglect.

Every time CPS has decided that there is no evidence to support the claim.

BM's most recent statement was that we were teaching the skids to shoot guns (they are 3 and 6) and that we were letting them play with our guns.

The fact is we dont own any guns, and aside from some water pistols we dont have anything like that in the house.  CPS is coming on Wednesday to interview us again. I know these are because BM is upset my fiance has had 'temporary' custody.  

My question is, we live in California and in 4 weeks we are going to court for a 'trial' to decide permanent custody. I would like to know is there anyway we can subpeona these reports to show that we have been investigated 3 times in 4 years (they all coincide with court dates too!) for child abuse and there has been shown that there is NO proof whatsoever regarding these claims?

[socrateaser]

Sure, have your attorney subpoena CPS to have the various investigators testify and bring the reports.

But, what are you trying to prove with the reports? Has the other parent offered the reports as evidence of you being a danger to the kids? If not, then all the reports might be good for is to prove that the other parent is mentally ill, which means that you need to move for a psychological eval of the other parent BEFORE trial.

You may have a complaint for false reporting, but that's the DA's call. And, you can use the reports to sue for defamation of character in a separate civil action

[alamero]

>Sure, have your attorney subpoena CPS to have the various
>investigators testify and bring the reports.
>
>But, what are you trying to prove with the reports? Has the
>other parent offered the reports as evidence of you being a
>danger to the kids? If not, then all the reports might be good
>for is to prove that the other parent is mentally ill, which
>means that you need to move for a psychological eval of the
>other parent BEFORE trial.
>
>You may have a complaint for false reporting, but that's the
>DA's call. And, you can use the reports to sue for defamation
>of character in a separate civil action

Hi again, Soc:

I think you advised me once that if the CP made a statement to the court-appt evaluator that he/she and his/her relatives had made several reports to CPS (which the evaluator included in a report to the judge) that the NCP could sue for abuse of civil proceedings, etc.

[Yngsmommy]

BM has filed allegations with CPS against us 3 different times.

They were:
Child abuse
Child Abuse
Child neglect.

Every time CPS has decided that there is no evidence to support the claim.

BM's most recent statement was that we were teaching the skids to shoot guns (they are 3 and 6) and that we were letting them play with our guns.

The fact is we dont own any guns, and aside from some water pistols we dont have anything like that in the house.  CPS is coming on Wednesday to interview us again. I know these are because BM is upset my fiance has had 'temporary' custody.  

My question is, we live in California and in 4 weeks we are going to court for a 'trial' to decide permanent custody. I would like to know is there anyway we can subpeona these reports to show that we have been investigated 3 times in 4 years (they all coincide with court dates too!) for child abuse and there has been shown that there is NO proof whatsoever regarding these claims?

[socrateaser]

Sure, have your attorney subpoena CPS to have the various investigators testify and bring the reports.

But, what are you trying to prove with the reports? Has the other parent offered the reports as evidence of you being a danger to the kids? If not, then all the reports might be good for is to prove that the other parent is mentally ill, which means that you need to move for a psychological eval of the other parent BEFORE trial.

You may have a complaint for false reporting, but that's the DA's call. And, you can use the reports to sue for defamation of character in a separate civil action

[alamero]

>Sure, have your attorney subpoena CPS to have the various
>investigators testify and bring the reports.
>
>But, what are you trying to prove with the reports? Has the
>other parent offered the reports as evidence of you being a
>danger to the kids? If not, then all the reports might be good
>for is to prove that the other parent is mentally ill, which
>means that you need to move for a psychological eval of the
>other parent BEFORE trial.
>
>You may have a complaint for false reporting, but that's the
>DA's call. And, you can use the reports to sue for defamation
>of character in a separate civil action

Hi again, Soc:

I think you advised me once that if the CP made a statement to the court-appt evaluator that he/she and his/her relatives had made several reports to CPS (which the evaluator included in a report to the judge) that the NCP could sue for abuse of civil proceedings, etc.

[Yngsmommy]

We've already had a psych eval in our favor, however BM is trying to show she has 'changed' and therefore should recieve 50/50 custody.

We havent seen any changes, and are trying to show in court that she hasnt changed. She is still filing false charges before eveyr court date, etc.

It came out during the eval that she was mentally unstable and needed counseling, she says she has recieved enough counseling, we are attempting to show she still needs a WHOLE LOT MORE.

She is also stating that I have been calling and emailing her from my office and harassing her.  THe false reports would also show defamation so we can show she is caught in multiple lies.