Legal Question in Family Law in Utah
I went to court on an ex parte child protective order in February 2016 after I spoke with a lawyer and my case was solid as long as my children were honest. When I went to court I had a clean Hair follicle test had my moms criminal record her boyfriends sex offender registry and all the text messages between my mother and I. I saw my kids two times before court and asked them to tell the truth when they talk to the judge. Well I thought there was no way I could lose I never harmed my kids. My son had pneumonia on the day of court and was not there my daughter was I never thought she would lie. My daughter told the judge that I told her I did heroin. I have never done heroin a day in my life I have done meth and marijuanna but never ever heroin and never had a dirty for heroin in my past. So the judge comes out and says well your daughter said you never hit them but she says you told her you were on heroin and so protective order was put in place. 150 days I have to pay for supervised visits to see my kids. which I can not afford to pay $245.00 and then $25.00/hour after that. I'm broke. What do I do now Whats the next step. I've been clean this whole time I'm a good mom my kids tell me so. My daughter lied because my mother told her if she didn't she would never see her mom or dad or family ever again and they would make them stay in a foster home. What do I do legally?
1 Answer from Attorneys
You can file a motion to set aside the order and ask for another hearing where your son can testify and your daughter can testify again. The motion has to be filed within 60 days of the final order being entered.