Legal Question in Family Law in California
My 7 year old nephew reported to his dad and I (his aunt) that when visiting his cousins recently, he was repeatedly bodyslammed by the teen boys. He said he tried to get away but the boys would not let him. His two upper front teeth were loosen as a result. He said his head felt like "it was going to come off." and his stomach hurt. According to the child, they were mimicking wrestling moves seen on television. When he finally got away, he told his mother what happend and according to the child the mother kept on "talking and talking" with the other adults, ignoring him completely.
The mother has temporary physical custody of the child. So when later questioned by the father about the incident, the mother shrugged it off with "those aren't his permanent teeth anyway." Needless to say the dad was furious and threatened to sue the mother and anyone else that touched his child.
I have seen this pattern from the mother for a long time and these same teens have made the child a target at family gatherings before. The child feels helpless because she never defends or comes to his aid. When the grandmother tried to intervene in the past, the mother responded with, "and you are going to believe him?", referring to the child.
I reported the matter to the school principal who said he would have the nurse call the child in. Am I allowed to follow up with the principal?. Can he disclose the outcome of the interview with the child. I also called it in to Child Protective Servcies hotline but there is no way of knowing the outcome there either. What can concerned family members do?
2 Answer from Attorneys
It's father's duty to file for an emergency protective order to seek placement of the child with him for the child's physical protection. You may wis to consider a report to Child Protective Services.