Problems regarding parenting time

[kevkermit]

Daughter come home friday claiming she found a camera in the bathroom at the ncp's house after she got out of the shower.  She turned the camera and shut the curtain that it was peaking out of.  She said that she went to show her brother the camera when the ncp immediately said he needed to use the bathroom.  When she went back in to show her brother the camera it was gone.  This was Monday a week ago.  Kids are with the ncp during 1st half of summer so she didn't get a chance to tell me until Friday.  We immediately contacted the police.  they do an investigation and search but do not come up with any proof.  The detective informs me that it doesn't necessarily mean that it didn't happen just there is no proof to do anything further.  Being that it had been a week and my daughter moved the camera the person who planted the camera knew they were busted and probably got rid of it.  

My 15 yr old daughter and 16 yr old son do not want to go back to that home.  They were supposed to go back Sunday night but refused to and I didn't force them as the investigation was going on and the deputy told us not to tell the ncp what was going on.  My ex has a previous conviction of CSC 3rd degree with a 15 yr old.  I am very worried for my children and I believe my daughter 100%.  

1)  What can I do to protect my children from that environment?
2)  15 yr old and 16 yr old are stating they do not want to go back and I cannot physically pick them up and make them, how do I handle that?
3)  Any suggestions helpful.

Thanks in advance.

[socrateaser]

>1)  What can I do to protect my children from that
>environment?

File ex parte motion to suspend all ncp visitation on grounds that the children are afraid of the ncp. Then, let the ncp explain why the kids shouldn't be afraid. If necessary, bring the kids in to testify. This is an unusual circumstance, so the court will probably allow it.

>2)  15 yr old and 16 yr old are stating they do not want to go
>back and I cannot physically pick them up and make them, how
>do I handle that?

File the motion. Then you're on lawful grounds. If you don't, then you don't believe that it's really a problem and the other parent has an edge.

[kevkermit]

Soc,

Son says he isn't afraid of his dad, afraid of the others in the home.  He is also not particularly thrilled about the camera being in the bathroom.

Daughter says she can't even go to the bathroom without worrying that there's a camera around.

Does that all fit under being afraid of the ncp?

[socrateaser]

>Soc,
>
>Son says he isn't afraid of his dad, afraid of the others in
>the home.  He is also not particularly thrilled about the
>camera being in the bathroom.
>
>Daughter says she can't even go to the bathroom without
>worrying that there's a camera around.
>
>Does that all fit under being afraid of the ncp?

No, but if the son is afraid of someone else in the home, then the solution is to have visitation restrained until the ncp agrees to terminate that someone's tenancy (i.e., right to reside on the premises).

If daughter is afraid that there's a camera in the bathroom, then that is still sufficient, but your grounds are that the children are afraid of circumstances present in the NCP's home. So, you just specify what those circumstances are, and then ask the court to order NCP's time with the kids restrained until the court is satisfied that the  circumstances are improved.

If this is a genuine fear that the NCP is a threat to the children, then you should try to get the NCP to help resolve the situation, via counseling, or voluntarily submitting to a polygraph on the question of whether he put the camera in the bathroom, etc.

If the NCP is interested in the child(ren)'s best interests, then he shouldn't have any problem agreeing to some means of ensuring their safety. On the other hand, you should be willing to bear one half of the cost of these remedies, because, at the moment, it's really entirely up in the aiir as to whether the NCP is actually responsible. Maybe it's someone else in the home that's causing the problem.

If that's true, then shutting the NCP out would be an unfortunate resolution.

[kevkermit]

Thanks soc,

Talked with protective services today and based on the information that was given to her by my daughter and son she believes she will at the least be able to open a case and perp the ncp.  Put him on the registry.
She also said that she would be contacting my Friend Of The Court Worker and asking her to get an order or something so that they can speak to each other in more detail about the case.  

Hired an attorney today to file motion to susupend visitation.  

In addition, my daughter specified that the only adult in the home at the time of this incident was the ncp.  The ncp used the bathroom before my daughter took her shower and after she took her shower.  

I like the idea of polygraph but I don't see him doing that.  

Thanks so much for your input.  I really appreciate it.  You have a wonderful site here.