THREAT OF MORE FALSE ALLEGATIONS LOOMING

[antonin]

    For many years, my son, (28) from another marriage would regularly visit my daughter at Christmas and the summer. He did this from the time daughter was born. The last time he visited was in July of 2002. In approximately early January of 2003, my ex-wife informed me that a counselor from a women's shelter had made a call to CPS concerning an alleged incident between my son and daughter.
   I have tried to recreate the event that started this situation and have received bits and pieces from my daughter.  EX enrolled herself and daughter immediately in the same women's shelter referred to above after EX filed for divorce in Sept. 2001. Two therapists from the shelter wrote FOC evaluator who investigated our custody case stating that daughter and her mother "exhibited most of the signs and symptoms of persons exiting abusive relationships."
    The FOC evaluator recommended 50/50 custody and I have been doing that since Oct 03.
   Daughter did not attend individual therapy at the shelter on a regular basis, but was part of a group. This went on for 2 years. Apparently there was an exercise  (Jan 2003) wherein the children were first asked to draw pictures of anyone who hurt them, identify that person, and then put some kind of sticker on that person. The way the exercise was conducted that every child was required to name someone that hurt them and the next child was not called upon until the previous child had named someone. My daughter named my son. Later, in talking with my daughter about the incident, she stated that my son did not hurt her and they were just playing and does not seem at all disturbed by the incident.
    I never saw the report. My ex claimed that Jennifer stated that Wiley had "tied her up."  The women's shelter called CPS. CPS called the cops. The cops came to my house in Feb. 2003. They did not investigate because my son did not live in Michigan, but in Arizona.
    My son was advised by an attorney not to talk to daughter or myself back in Jan 2003. My son is a junior high school teacher in AZ. My daughter is 9 years old now.
    Well, it's August 2004 now and my son and daughter have been talking on the phone regularly. I want to take my daughter to Universal studios in October and have my son meet us there. I am worried that my EX can screw things up. She has a real motivation to do so: since I have 50/50, her child support will be cut in half Jan 06. (from 1000 to 500.00 a month) her 3-year alimony (860.00 a month) will end. She has no income but these two sources. It is in her best financial interest to defeat the 50/50 so she can get full child support.

1) What can I do to protect myself from her potential allegations?
2) Is the CPS thing that happened in Jan 03 relevant now?
3) Am I doing something that can be used against me in court my having daughter talk to or visit son?
   

[Lawmoe]

1) What can I do to protect myself from her potential allegations?

The best way is to keep your son and daughter apart. There are concerns about the relationship and the fact that nothing was done on the allegations does not alleviate the concerns.

2) Is the CPS thing that happened in Jan 03 relevant now?

Yes.  It can be used in a custody proceeding

3) Am I doing something that can be used against me in court my having daughter talk to or visit son?

Yes.  If you facilitate contact that is deemed unsafe it can be used. No contact should be unsupervised.

[antonin]

Okay. Thanks for your prompt response. My son lives in Arizona. My daughter and I in Michigan.

1. What about the phone contact? Should I stop that?

[Lawmoe]

Abuse cannot occur in telephone contact. Just make sure the issues discussed to not relate to abuse issues or anything that could be construed as such. Also, always assume any conversations are recorded.