I've done a little research but I'm still interested in the experience of others.


Can a Social Services branch really trump the ruling(s) of a Circuit Court? Or are they so full of themselves that they only think they can intimidate/bully someone to accept their rulings?

Anyone have any stories to share?


I've never been more serious of a question as i am about this one.

Is the social services branch part of the federal government and the circuit court just a local court?

Also, exactly what is it the social services is doing, and what did the court say about it?

There's a lot of "depends" to wade through right now.

Just to give an example of something that could happen:

A federally funded housing agency could be ordered to evict a tenant for running afoul of a policy such as not dealing drugs or having illegal weapons in the housing project.  If a local (not federal) judge tried to bar the eviction, I don't think the Federal agency would have to recognize his jurisdiction.

(still not a lawyer)

to in contempt for withholding a mans children from him. The woman then turns around and makes claims to a "Safe Place" organization locally about the man. Social Services states no visitation until an investigation is conducted. The womans motivations are clearly vindictive but that is difficult to prove. The man won't see his children for months. The fellow is devastated.

trump the agency, but the laws regarding these things are very complex.

As Ziggy points out, a court and agency  should bend over backwards to protect the child, and that can allow a vindictive parent to take advantage of that fact and put the dad through hell.

I wish there were some way to overcome this, but I can't think of it.

At the very least, they should allow a supervised visit, which is better than nothing.

Not a lawyer either, but since visitation was determined by the court, I imagine you could file a motion to oblige her, and the social services agency, to provide the evidence they have to the court and allow the court to rule on it.

Having said that, I am sure the bias on all sides is to protect the kids, so the court will be very careful about overriding the social services agency, just as the social services agency will be very careful about putting the kids into an environment that someone has told them is dangerous. Keeping kids away from a parent only hurts the kids and parents; putting the kids into a situation where they get harmed will get the court and agency crucified.

Have you tried talking to the social services agency to see if you can arrange supervised visits until they finish their investigation? Not sure who would be acceptable to supervise the visit, but that seems like the most likely arrangement. Hire a neutral third party to come with you and the kids, to watch you. If it also was a qualified, expert witness who could then testify on your behalf as to the nature of the interaction, that might be even better.

Not that I really know anything about this, but that is what I would try. It seems to balance keeping the kids safe, in the eyes of the agency, with not removing them from contact with their dad.

zig

appeals are costly, government resources are infinite and time passes slowly as the children bond with the vindictive parent--that is why much though should be had before having childrem althoguh in reality most children are the result of a thoughtless moment of passion or a leaky condom

-- Modified on 7/25/2011 12:41:30 PM

My So had a protective order against her first husband to protect her and her daughter. Ex still got visitation but it had to be supervised. A trusted 3rd party would pick up his daughter so ex could have no contact with my SO and had to be there 100% of the visit. It would still not be the best but the safe place was satisfied as the ex was not allowed near and the court was satisfied because supervised visitation was taking place protecting the child.

by the time Dad gets visitation the kids will be convinced he's a monster.   I know too many cases like this.  
Do not expect to steamroller either court or agency but this needs to be handled correctly & legal team involved, getting to the agency & the court swiftly, not letting this stand unchallenged, and pressing for supervised visitation if that is what it takes to maintain contact.  
This will be difficult.  

One Dad, Mom had brainwashed the kids to when he picked them up, they huddled crying on the far side of his car.  He couldn't take them as far as McD's without the poor kids being terrified.  
He was a contractor, worked extra jobs Saturdays for cash...  paid his support.  After 3 years she took him to court for non-payment...   Eventually he signed off on his kids.  He has no contact with them.
Second husband adopted the kids, she divorced him...  he had to pay support on the kids...

Another case, wife, fell for a newly minted Dr in the office she worked at.  She ran off, did stupid things & was promptly discovered...   Husband had locks changed & would not let her back in...  had kids...  proceeded to try to turn the kids against her.  She picked the kids up to drive to school and tryed to turn them against him.  (Our kids used to ride to school with them & after about a week, told us & found other transport.)   Kids ended up going with Mom.  Not much of a realtionship with Dad, though after 20 years it seems to be warming slightly.   In reality the kids were the biggest losers here.
Oh, yeah, she wanted to be with Mr Dr...  Mr Dr moved on without her & her mess...

I was married and wanted out.. being young and dumb. (23) I started dating a friend( the affair) of ours. who was not on good terms with his family..

My soon to be ex decided He was taking my kids from me.. So off he went to a magistrate with claims about drugs, alcohol abuse and violence in my home. None of which were true. except we both liked to drink....  But Never around my kids..

So, I get a knock on the door. guess what. A sheriff took my kids and handed them to my cowardly ex standing behind him and then told me I was being investiaged etc,etc and now I needed to go through the system..They were 1 and 2 years old.. Talk about devastated..

I was a full time student and working and being a single mom. Let me also say. He had a car accident and did not work for a year. because he was addicted to pain meds. and we ended up moving to the projects. ( hum, gives good reason for wanting out if you as me) .. I needed money for an attorny ASAP  So I quit my regular job and school  and started working as a waitress in a strip club.. ( BAD idea) every accusation to be made was.. and honestly I never dreamed I would being doing this then. but it did plant the seed...


We went to court.. 9months later and 2 child support cases later.  I lost custody. during the trail. the judge acknowledged. his lies to the magistrate and found his accusations to be unfounded but based up the fact that the kids had been with him for 9months and were happy, healthy and well adjusted. I lost custody.... It took me 4 years  but I got them back....

So YES and it SUCKED!!!!!!!!!!!!!!! But, I won in the end. I am a much better mother who takes nothing for granted....