Legal Question in Family Law in Texas
Violation of Court Order/Divorce Decree
In the divorce decree between my son and his ex-wife, they have agreed to no corporal punishment for their 2 boys. She has beaten both boys so severely that they are terrified of her,and do not want to return to her. Their father had them for the month of June, until today.During the school year, the week is split in half. Child Protective Services has been notified, and a restraining order issued against her citing family violence. Today in court, the judge appointed attorney for the children said it was in the best interests of the children to return to their mother. This attorney did not contact CPS or the therapist who is treating them for physical and sexual abuse which happens at their mother's house. All of this was presented to the judge who issued the 2 week long restraining order against the mother. Who speaks for the children in a situation like this? Not their attorney. Not the judge.
What can be done next?
1 Answer from Attorneys
Re: Violation of Court Order/Divorce Decree
Since this happened during a hearing, apparently the attorney or the testimony was insufficient to convince the judge that she is a danger to the children. If this was my client, I would tell them it was time to start spending a great deal of money on investigations and depositions of witnesses documenting the past abuse and the potential dangers.