Legal Question in Family Law in California

Children being abused in fathers home

Divorced now for 7 years with joint custody of 3 children.

My children refuse to tell me what is bothering them. They say Dad says ''what happens at his house stays at his house''.

Ive seen my children upset and in tears but was never able to get answers. My worst nightmare has just came true. My 14 yo was punched several times by his father-documentation made by PD, school councelor was informed-a report to CPS was made-cps came and noted bruising- I contacted my 8 & 11yo school to let them know what has happened to my son-and was told they were being abused too. The children asked if their dad would be told the principal & councelor said no we will not tell him.. The children went on and on and cried & said they were scared of their father & what they would get for telling me what happens in his house. I have a recorded conversation of my ex threatening my 14 yo and scolding him for running and telling what happened to him-He said the 8 & 11 yo has gotten much worse and they can suck it up! I have filed for temporary custody-which was denied!what do i do next to protect my children? Im afraid that I will get introuble for allowing my children to go to their fathers home knowing what I do. I dont want to break any laws.Help!


Asked on 3/05/06, 1:42 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Children being abused in fathers home

This is a very difficult situation. If CPS will not take action your chance of success in court is very slim. It is very difficult to convince courts, counselor's etc that they made a mistake. You have some options. First you can request that the children have counseling. That pending some counseling and the report from the counselor is received by the court. The fact that the children are making these statements indicates that there is a problem between father and children. I am involved in a case similar to this. We were able to get the courts attention by stressing to the court that regardless whether or not the children's statements are true there is a problem between the children and father. That this problem needs to be addressed to protect the children. If the court does not adopt this approach then retain a private investigator to interview neighbors etc. Take pictures of each injury to your children.

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Answered on 3/07/06, 1:59 am


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