Simple, Easy Steps for Fighting Child Abuse Allegations…
Did you know that it is the court’s duty to ensure the rights of parents are protected when the safety of a child is at stake?
Texas law has held that “[a]ctions which break the ties between a parent and child ‘can never’ be justified without the most solid and substantial reasons.” Wiley v. Spratan, 543 s.w.2D 349, 352 (Tex. 1976) (quoting State v. Deaton, 54 S.W. 901 (Tex. 1900))
In this post you will find some sample questions for your attorney to ask you in testimony to help you prove to your court that you did not neglect your duties to your child, and that the court has a duty to stop withholding your child from you.
Are all child abuse or sexual abuse allegations false? Of course not. However, false or not if the child was facing some kind of abuse in the home that the parent has remedied, but the other parent continues to pursue court punishment in the form of a change in custody and the parent being affected doesn’t receive proper protections from the court, there can be expensive and far reaching consequences to that parent and the child. Many parents don’t know and don’t receive protection from their attorneys in the way that we describe in this post. In fact, we don’t believe that most parents are ever told that they have a right to remedy and cure the situation prior to the child being removed from them for extended periods of time or even permanently without consenting to a bunch of court-ordered invasions of privacy. These invasions of privacy might come in the form of a court appointing an amicus or a guardian ad litem, or the court ordering custody evaluations, social studies, or home studies.
The following is a portion of a sample outline that Sherry Palmer with Fix Family Courts recently created because one of their children have accused another of the children of sexual relations with them. We are told by CPS that sex between siblings is not uncommon. There are no specifics in this post that identify any particular family. Sherry is a constitutional parental rights expert, strategist, and educator that can be hired by parents to help them and their attorney create strategic plans for dealing with unconstitutional family court practices. Sherry does not represent anyone, is not an attorney, and remains neutral in the education. Sherry and Ron’s education is available to everyone.
This case outline is used for getting your child back when a court has taken the child due to either false allegations or allegations that related to conditions that no longer exist.
FALSE ALLEGATIONS: A false allegation of child sexual abuse is an accusation that a person committed one or more acts of child sexual abuse when in reality there was no perpetration ofabuse by the accused person as alleged. Such accusations can be brought by the alleged victim, or by another person on the alleged victim’s behalf.
The outline can be used after CPS was contacted and closed their case. It can be used if CPS did not pursue a case in court. It can be used if CPS is pursuing a case in court.
This outline below is set up to be used when CPS has closed their case but opposing counsel and your ex are continuing to ask the court to continue the seizure of your child. And it is also used for when your ex is asking the court to to impose continued restrictions on you and your child. And may even be asking to appoint an amicus or a guardian ad litem to do further exploratory searches and civil investigations at further financial cost to you.
This outline helps you fight against the idea that the court has to put “cautious” orders in place and that the court has to continue to dig into your private life or is even authorized to do so based on an allegation that didn’t develop, is unproven, or the conditions no longer exist. This outline also help you preserve rights and lay the foundation for a mandamus or an appeal if the court fails to restore yours and your child’s rights.
OUTLINE FOR CHILD ABUSE SEXUAL ALLEGATIONS (OR CONDITIONS THAT NO LONGER EXIST) MADE AGAINST ANOTHER FAMILY MEMBER RESIDING IN YOUR HOUSE:
First you have to know what you are proving. Many parents want to prove that the other parent is a liar. You might think that this will relieve you of the burdens of the court and the court will turn on your ex. Ignoring the allegations and not addressing them properly regardless of how set you are that the allegations are lies will hurt you and your child more! Most of the time you will have limited time in this type of hearing, so we suggest you start with proving the following: (Most likely the other side will go first so you want to be looking for these things so that you can prove it in your testimony to the court.)
Opposing counsel failed to prove to the court:
- that there is continuing danger to the physical health or safety of the child if the child is returned home OR that there is evidence of sexual abuse and that the child is at substantial risk of future sexual abuse,
- that it is contrary to the child’s welfare to remain in the father’s home,
- that reasonable efforts were made to prevent or eliminate the need for removal. Fam. Code Sec. 262.107 (Even though this is the code that applies to CPS, use it as your guide for what the other side needed to prove and for what the court has to show on the record.)
Texas Family Code, Chapter 262.
If Opposing Counsel and the Court, CPS, or any other third party fail to provide sufficient evidence required by 262.107, the court lacks the discretion to do anything other than immediately return the child to your home and restore your rights that you had previous to the allegation.
IF CPS HAS RULED OUT or was UNABLE TO DETERMINE whether any sexual abuse occurred and closed your case and the court is refusing to return your child: You might want to add an abuse of discretion argument something like, the court is abusing their discretion by exceeding the limitations of the family code with respect to an allegation that has gone not only unproven but also dropped and RULED OUT or UNABLE TO BE DETERMINED by CPS.
NO sexual assault has been proven according to section 22.011. Opposing Counsel is using this court for the purpose of changing child custody. The conditions that this court purportedly are attempting to protect the child from no longer exist. These unproven allegations are not grounds to change custody not even in a temporary order that exceeds more than 14 days.
Additionally, you might need to include:
- Appointing an amicus or a guardian ad litem is a 4th amendment violation if they are conducting warrantless searches into your private life, going on fishing expeditions, or conducting civil investigations on behalf of the court or the child. (You might have to ignore a judge’s eye rolling or the other side trying to make you look and feel like you are a horrible person for fighting the court.)
QUESTIONS FOR TESTIMONY FOR A PARENT FACING CHILD ABUSE OR SEXUAL ABUSE ALLEGATIONS: (Add any additional questions that demonstrate you have complied with your state statute to the best of your ability, that you have not been neglectful, that they failed to meet the burden the statute requires for them to ask the court to act, and if your statutes do not have constitutional requirements in them that you are asserting constitutional protections and requesting proper due process be employed prior to any findings being made, restraints or deprivations being ordered.)
Q: Did the other parent tell you that there was any concern that there might be something inappropriate sexually going on with your child with someone residing in your home?
Q: When did you find out that your child was claiming that someone was doing something sexual with them?
Q: What did you do after you found this out?
Q: Have you removed any possibility that there is any opportunity for this to happen again in your home?
Q: What have you done to ensure that this cannot happen in your home?
Q: Did this court provide you with any opportunity to cure the situation before removing your child from your home?
Q: Do you have protective measures in your house to protect your child from accessing porn sites on their computer at your house?
Q: Do you have protective measures in your house to protect your child from accessing porn or contacting unknown adults at your house from any phones?
Q: Had you informed the other parent in the past to make sure that she take protective measures with your child as well?
Q: Did the other parent do anything that you suggested? Or did the other parent tell you that it was not necessary?
Q: In your opinion, did the other parent take appropriate protective action?
Q: Do you feel that you have taken appropriate protective action?
WHAT YOU HAVE DONE:
- You have satisfied the child protection statutes.
- You have provided reason that playing it cautious is not an option for the court nor appropriate and that cautious orders will be challenged as violating the statute* and violating yours and your child’s constitutional rights (list out the rights being infringed and that apply to your specific case, for example 4th amendment rights if the child is being seized beyond 14 days and without a proper warrant).*
- You are making it clear to the court that you are not consenting to any burdensome expenses for any exploratory searches when you assert your 4th amendment protections. This allows you to object to appointments of other court-appointed experts prior to the court meeting the proper constitutional requirements.
- You have created a record that you can use if you need to challenge the court’s decision in the appellate court.
- You have set the tone for future proceedings that you are not going to take this laying down.
- You have created the conditions for the judge to make the right decision.
- You have created conditions for yourself that allow you to explore other options of challenging the judge without having to wait out delays of unknown length of time and unrestrained expenses that the judge could try to impose. You have opened the doors to freeing yourself from abuse of power. Abuse of power is also used in the form of what the courts call “cautious” orders. These so-called cautious orders are not usually constitutional and there is reason for the constitutional protections. It is to protect you and your child from the harm that comes from government over extending themselves into your private life.
- To end the situation as quickly as possible so that the least amount of damage and harm is made to you and your child and to end the seizure of your child and your rights, and to prevent unconstitutional actions that courts are tempted to use when a parent does not know their rights or how to use them.
- To protect you and your family from further harm from a court that will separate you from your rights and your child for indefinite periods of time.
- To protect you and your family from further financial harm from a court that will order and impose additional financial burdens and take advantage of the fact that someone brought them an allegation regardless of whether it was provable.
- To protect your privacy from a court that will dig into your private family life just to try and see if there is something they can use to justify further violating yours and your child’s rights.
- To protect you and your child and the rest of your family from the harm and damage that an overly zealous and overly cautious court can cause.
- To use your rights to protect you and your child from all of this so that you can protect your child as you see fit.
- To use your rights to resolve the situation faster and with less financial burden.
Make sure that you prove that any circumstances that they are claiming that existed in the home that is causing them to keep your child away are proven to no longer be present. Make sure you clearly state what you want the court to do, something like: The Court should restore the final order and dissolve the temporary order that has interfered with my and my child’s rights.
You may also want to use that according to due process, “emergency circumstances mean circumstances in which the child is immediately threatened with harm. [T]he mere possibility of danger is not enough.” Gates v. Texas Department of Protective and Regulatory Services, 537 F.3d 404 (5th Cir. 2008). And there isn’t even sufficient danger plead or proven in your case!
NOTE: There are cases quoted in this post that are from cases where both parents were intact, they were not divorced parents. So you will want to make sure that you learn other arguments to address this idea. See our book, “NOT in The Child’s Best Interest” for more education and argument about how to protect your fundamental parental rights. Look for argument on deprivations and infringement. The idea is as follows:
The State confuses the term “restrained” with the concept of being permanently barred. The threat from State Judges is real. It impacts “rights more precious than property” and even if Plaintiffs’ eventually were vindicated through appeal, the damage to family relationships would be real, permanent, and irreparable.
There are other cases and authorities that you can use if you end up needing to do a mandamus (or whatever you call it in your state) or an appeal. This post is certainly not all inclusive. This should help you get started and at the very least preserve the record so that the door is open for you to learn more and take control of your life and child back and not be forever subjected to continual allegations interfering and hurting you and your child’s lives. By reducing the time that these allegations can have effect and reducing the harm that the allegations can cause you are discouraging the other side from pursuing them again. (This is not meant nor does it make it more difficult for people with real allegations to be heard. In fact, it is believed that this makes it easier for people with real allegations to get the correct ruling in a court of law.)
This information is being provided to you because you might not be told this by your attorney. Perhaps your attorney doesn’t know. Perhaps this information will stir additional conversations and solutions that protect you and your child.
The courts will continue to take advantage of parents and children who do not use and know their rights. Remember that you can continue to go through the family courts the old way and continue to be subject to the court’s whim and their continued imposition of whatever costs and however long they want to deprive you of rights and time with your child and you will have nothing you can do about it.
Use this approach and you have a great chance of walking out of your court with less costly burdens, you have opportunity of overturning your court if they do not respect proper due process. Just recently we sat in a hearing and watched the judge deny ordering child custody evaluations and psychiatric evaluations.
Using proper arguments work. Sometimes they work quickly and have effect on the trial court in positive ways and sometimes it takes longer and a challenge through the appellate court or federal courts becomes necessary.
The courts are more than happy to take advantage of you and take over your life and make it look like they are protecting a child. We have seen too many lives destroyed and too much collateral damage to find any justification in a court saying that they are going to make orders that are cautious. They are not protecting a child when they ignore proper due process and procedural protections for you and your child. They are not protecting a child when they order an amicus or guardian ad litem, essentially another attorney to dig into your child’s private life for the benefit of the court to make a best interest determination in the face of your fit parenting decisions.
You will want to get our book, “NOT in The Best Interest of The Child“, online courses, and other motions and samples from the store on our website if you need arguments for challenging the judges notion that he gets to determine best interest of your child. And if you want more training on how to present this for you and want us to work with you and your attorney, you can contact us through our contact page at www.fixfamilycourts.com/contact/
And think about this, if you are a parent using false allegations against the other parent to the court and are reading this, one day the tables could be turned on you. Are you willing to risk that! You will have no protections when that happens to you. It is also illegal to falsely accuse someone. And it is even worse to recruit your child to say false things about the other parent. That is parental alienation. If you truly do not like the other parent and feel that the other parent is not the best influence for your child but the other parent is not violating any laws, then consider other ways of coping with the fact that you do not like the other parent. The law can always, always protect your child from true danger and immediate danger. If it is anything less than that though keep in mind that the court could just as easily turn on you and you could lose your child for pursuing something that does not rise to the level of a crime. And if you are using the allegations to get custody or to change custody, think about your child and the harm that it does to your child. Think about what you are teaching them. We encourage you to look for other ways to handle differences.
The post is being made for informing the public that there is a very important public problem. Children are being removed from one parent throughout this country for extended periods of time and then being alienated from that parent and that parent’s family and the relatives on that side for gaining favor of judges in child custody proceedings. We believe that the “best interest of the child” policies in the states are contributing to this destructive behavior. Parental alienation is a lifetime damaging condition and the only way to stop this from being empowered in the family courts is to educate parents under attack and attorneys helping those parents, and to require the judges apply constitutional protections before applying statutes that are not clearly constitutionally insufficient.
CALL TO ACTION FOR ATTORNEYS: Millions of parents and children are suffering every day because of abusive court processes. More education is needed to prevent these abuses. More parents need to be aware that the courts will take advantage of their pains and woes. If you are an attorney working in this field, please join with us to actively protect every parent and child’s rights regardless of what the statutes read, it is a legal duty to protect constitutional fundamental rights before all else!
Other Sources with Good Information for Managing Your Life During Allegations of Child Abuse: (note that some of these sources might not know our information so where they advise steps in court processes keep that in mind. You will have to integrate and alter the steps as needed so that you are not consenting in the wrong places.)
- Survive Allegations of Child Abuse – This page has good clear steps for different stages of the process in and out of court. However, there is nothing in this making you aware of the rights and methods that we post in this blog article.
*Every state has different statutes so make sure that you know what your statutes read and apply only what applies to you and your situation.
DISCLAIMER: There are never any guarantees to results and any reference that we make to legal terms or what to put into court trials or appeals or mandamus are all educational. They are to introduce the reader/student to ideas that they might not be getting from their attorneys, alternatives that might not be available to individuals facing serious court issues, life changing situations, in order to provide solutions and alternatives to them that might save them, their family, or someone’s life.
If you choose to use anything you find in our blog it is at your own risk.
This blog and information you find here and on this website is not a substitute for an attorney. Please consult an attorney for information on how to present your case. We do not know the nuances of your case and even if we did we are not attorneys and do not practice law. You are responsible for your own results and consequences.