More on situation where daughter found camera in bathroom

[kevkermit]

CPS said that my ex has a tape recording of my daughter saying that mom has a plan when when I am 15 and I dont want to go along with it.
  Sounds as if he is tyring to make it out like I set daughter up to saying the stuff about the camera.  

Talked with daughter about it and she said that she did say one time when she was mad at them that she was fed up and she wasn't going back over there and that mom said she could talk to the court about her being around the age of my cousin when dad went to jail.  

I do remember having a conversation with my current husband one time when I was discussing with him my concerns about my daugher growing up, maturing, basically turning into a woman and how I was concerned as my ex has been in trouble (convicted of CSC 3rd degree) in the past and his wife was quite young when they got together.  Not only that but also discussed how I should have presented this information to the court so something could be done about it at the original time of divorce.  Kids overheard conversation and asked about it and I just explained that I was concerned as daugher is growing up, not that their dad would do anything but I do have concerns and want toi protect my children.  Explained to the kids to always protect themselves and don't be afraid to talk to anyone if there is concerns as I and the courts will do what is necessary to protect them.  

Concerned as to how this tape can affect us or if it will be a problem.  I NEVER ever had a plan to do anything and I think he is trying to make it look like I set my daughter up to this whole camera scheme which I had nothing to do with.  I don't want to get into trouble or be made out to be the bad guy here, I think the information my daughter presented to them when she was angry with them was misconstrued.  Besides which, the kids both said they didn't know they were being taped either.

1.  CPS can't do anything as there is no evidence but I still have to protect my daughter, what can I do?

2.  Regarding the tape, what are your thoughts on the tape?  

3.  Can the tape be used for anything regarding this matter?  (I think Michigan is a 2 party state)

4.  If so, what should we do in regards to the tape?

5.  Any other thoughts, suggestions, ideas.  

[socrateaser]

I'm sorry, I'm not following your facts. I think you're expecting me to remember your case, but unfortunately I don't. You'll need review the original case facts again for me.

[kevkermit]

Sorry Soc,

Situation was daughter was visiting her dad and found a camera in the bathroom.  We reported it, police investigated, didn't find anything they could use.  Detective referred to Child Protective Services.  CPS investigated and now are closing the case as there is not enough evidence.  Both CPS and the detective belive my daughter but they just don't have the evidence they need to do anything.

[socrateaser]

>1.  CPS can't do anything as there is no evidence but I still
>have to protect my daughter, what can I do?

File an emergency motion to restrain other parent's exercise of parenting on grounds that the child "believes" she is being electronically surveilled in the bathroom at the home and that she is in fear of her other parent. Ask the court to temporarily restrict parenting time and have the child evaluated by a therapist to determine the reason why the child believes as she does. Or, have the child sign an affidavit, and ask the court to interview the child in-camera to determine whether she is credible in her belief.

And, of course, you can always ask the other party to submit to a polygraph on the issue and offer to have the child also submit to one as proof of truthfulness. You'll need the other parent's consent to have the polygraph admitted to evidence, but sometimes the refusal by the party to submit to the exam affects the court's belief as to their credibility.

>2.  Regarding the tape, what are your thoughts on the tape?  

The tape is about what your child says that your motive might be filing a motion, i.e., that you have planned to invent a means of denying the other parent access to the child. This may be true, but it's not very probative of what the child believes, unless she testifies that you told her what to say in order to not have to spend time with the other parent.

>3.  Can the tape be used for anything regarding this matter?
>(I think Michigan is a 2 party state)

A child does not generally have a reasonable expectation of privacy in his/her parent's home (except in a room where privacy is reasonable, such as a bathroom, so the tape is probably admissible, especially as the parent can consent to the recording for the child, if it's in the child's best interets to do so.

The court would be the ultimate determiner of admissibility, but, the problem is that the court might want to hear the tape before admitting it, and once heard, well, then even if the judge says that he/she's not considering the contents of the tape, it's impossible to entirely ignore it.

You could ask the judge to recuse him/herself after admitting the tape on grounds of prejudicial effect, but the judge would probably refuse, in my opinion.

>4.  If so, what should we do in regards to the tape?

The only thing you can do is call the possible bluff. If the tape doesn't exist, then it can't be offered as evidence. And, if it does, then you and/or the child might be asked to explain what this "plan" is, assuming that it ever actually existed.

>5.  Any other thoughts, suggestions, ideas.  

Nope.

[kevkermit]

We originally filed motion to suspend visitation pending the investigation by cps however the investigation closed yesterday.  The cps worker did state that she would include in her report that she believes my daughter however there is no evidence to substantiate.  

The detective told cps worker that he believed my daughter just there was no evidence.  He also said that there was a place cleared off where the camera was probably setting just as my daughter said.  

My daughters counselor talked with our court evaluator yesterday and the counselor is under the assumption that after the hearings next week our case will be referred to the Friend Of The Court for investigation and then my kids will be able to speak with the Court Evaluator.  
I go to court Thurs for Show Cause for Denial or parenting time and then Friday for Motion to suspend Visitation.  

1. Being that the motion to suspend visitation is already scheduled, do we need to ammend that since the investigation by cps is over and they are closing the case?

2.  Regarding the tape recording, the counselor stated that she would write a statement saying that my daughther does not seem to be coached in anyway.  

3.  Any suggestions as to where to go from here?

Thanks so much.  

[socrateaser]

>1. Being that the motion to suspend visitation is already
>scheduled, do we need to ammend that since the investigation
>by cps is over and they are closing the case?

State that cps closed the investigation stating no evidence, but that the child is afraid to return to the other parent's residence, and if the court should either appoint a GAL to represent the child's best interests, or interview the child in chambers, or both.

>2.  Regarding the tape recording, the counselor stated that
>she would write a statement saying that my daughther does not
>seem to be coached in anyway.

That's inadmissible hearsay, without the counselor's testimony.

>3.  Any suggestions as to where to go from here?

Not really.

[kevkermit]

Soc,

Went to court today as the judge decided to combine the show cause for contempt and my motion to suspend visitation at the same time.

Judge dismissed the show cause for contempt!!

My kids wrote letters to the judge and my daughters counselor wrote a letter to the judge as well and has been working with the Friend of The Court Investigator.  The counselor actually called up the court evaluator and left her a message informing her that she did not feel that my kids were being coached in anyway.  We will definitely supoena her for the hearing as well as the detective, and the child protective services worker.  

My attorney met with my ex's attorney in chambers with judge and addressed issues.   My attorney says judge said for one that we are not dealing with little babies here as my children are 15 and 16.  

The judge said that due to the allegations (which have not been proven as there is no evidence but her word) my daughter does not have to go back at this time.
The judge said our court evaluator is to talk with my son and then it will be up to her whether son has to continue visitation depending on his wishes at this time.  
My understanding at this point is that the court evaluator will be doing an investigation and making a recommendation to the court for our hearing which is to be scheduled.  

The judge did not read the letters yet (as far as we know) nor did he listen to the (3) tape recordings that my ex has of my kids conversations.  

Attorney seems to be quite confident in talking with judge, court evaluator and the counselor that the kids  will be given a choice in their visitation due to the cirucmstances and their ages.

Just wanted to update you on what has happened today.  I appreciate all the advice you have given me.  This isn't over yet but atleast we are getting somewhere.  

Thoughts, suggestions, questions or ideas please feel free.