We won! The judge handed down his ruling this morning from the preliminary hearing we had yesterday and we won!
They gave us everything that we were asking for. I cant type much now because my babies are home!!!!!!!!!!!!!!!!
I am so thankful that the judge looked at the facts that we were able to supply and only the hearsay that DCYF had. We still have to go to the next hearing in about 30 days but my babies are home!!!
Per his ruling, the kids were to be returned to me right away!!!!!!!!!!
WE WON !!!
Moderators: family_man, LindaJM
I'm so happy for you jackie,,,,,wtg
There is no better feeling then the first day your kids are home
No present can say it as well as ........Merry Christmas
There is no better feeling then the first day your kids are home
No present can say it as well as ........Merry Christmas
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My advice is my opinion and not legal advice
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A bad lawyer is worse then no lawyer and bad advice is worse then no advice....
My advice is my opinion and not legal advice
*********************
A bad lawyer is worse then no lawyer and bad advice is worse then no advice....
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momofseven
- Posts: 17
- Joined: Thu Dec 14, 2006 2:48 pm
- Location: CA
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lostintranslation
- Posts: 330
- Joined: Thu Sep 01, 2005 11:02 am
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EducatingMyselfInFL1
- Posts: 40
- Joined: Wed Aug 16, 2006 6:13 am
To all of you..... Thank you! Your replys just about brought me to tears. To those of you still fighting for your little ones... keep on fighting. We have a long road ahead of us but the most important part is that the children are at home with me.
The children are improving with each minute. This has been very stressful on them to say the very least. I never really left them before and they are confused by all of this. I tell them though, this has nothing to do with them or their behavior and this is all just adult stuff. I know our daughter hears what we are saying but still doesnt understand. She will heal, we will all heal from this.
I have to say, according to our lawyers, our saving grace was that I kept amazing notes of phone calls, letters, etc. I had an enormous file I was keeping on all the bs with DHS and the police department in Oregon. I cant stress enough the importance of doing all of this. When we went to court, DCYF made all sort of allegations about neglect and that I had kidnapped the children. Well, I had written letters to everyone in Congress, the Senate, Gov., Chiefs of police, crime labs, etc. back in April blasting them for how we have been treated. I never thought that letter did much but it had.... They all knew where to find me which is something they were claiming that they couldnt do..... Point of the story.... KEEP EVERYTHING!
The children are improving with each minute. This has been very stressful on them to say the very least. I never really left them before and they are confused by all of this. I tell them though, this has nothing to do with them or their behavior and this is all just adult stuff. I know our daughter hears what we are saying but still doesnt understand. She will heal, we will all heal from this.
I have to say, according to our lawyers, our saving grace was that I kept amazing notes of phone calls, letters, etc. I had an enormous file I was keeping on all the bs with DHS and the police department in Oregon. I cant stress enough the importance of doing all of this. When we went to court, DCYF made all sort of allegations about neglect and that I had kidnapped the children. Well, I had written letters to everyone in Congress, the Senate, Gov., Chiefs of police, crime labs, etc. back in April blasting them for how we have been treated. I never thought that letter did much but it had.... They all knew where to find me which is something they were claiming that they couldnt do..... Point of the story.... KEEP EVERYTHING!
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lostintranslation
- Posts: 330
- Joined: Thu Sep 01, 2005 11:02 am
Excellent work on keeping records, Jackie. That is one of the most important steps to take when fighting for our children. I remember the look on not only my attorney's face but the look on the faces of the judge, caseworker, etc. when they saw all the records I had kept. Written records of everything is so crucial.
Once again congrats. I do hope you stay around here now that your kids are home so you can help others.
LIT
Once again congrats. I do hope you stay around here now that your kids are home so you can help others.
LIT
Hell hath no fury like a parent scorn
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lostintranslation
- Posts: 330
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abusedbycps
- Posts: 2
- Joined: Thu Dec 22, 2005 6:41 am
yeah
congratulations. i am very happy for you and your family. happy holidays.
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anxiousmom
- Posts: 526
- Joined: Sun Sep 10, 2006 10:18 pm
Before we even went to court, our attorneys created a "safety plan" which involved my husband moving out of the home, again, but he can still come and visit.
They did a third round of rape exams on our daughter and a 1st one on our 2 year old son. In the petion they filed against us, I kid you not, it read.... "There is no evidence to show that ******** did not sexually abuse his son/daughter". Tell me, how do you suppose that anybody is supposed to prove their innocense under a statement like that?
We dont care for right now. All we wanted to do is show the judge we were willing to do ANYTHING to get the kids home... he obviously believed us. So we will play their games again and just wait to see what happens at the adjudicary hearing next month.
Merry Christmas!
They did a third round of rape exams on our daughter and a 1st one on our 2 year old son. In the petion they filed against us, I kid you not, it read.... "There is no evidence to show that ******** did not sexually abuse his son/daughter". Tell me, how do you suppose that anybody is supposed to prove their innocense under a statement like that?
We dont care for right now. All we wanted to do is show the judge we were willing to do ANYTHING to get the kids home... he obviously believed us. So we will play their games again and just wait to see what happens at the adjudicary hearing next month.
Merry Christmas!
They did a third round of rape exams on our daughter and a 1st one on our 2 year old son. In the petion they filed against us, I kid you not, it read.... "There is no evidence to show that ******** did not sexually abuse his son/daughter". Tell me, how do you suppose that anybody is supposed to prove their innocense under a statement like that?
By stating, "If the most negative comment the state can raise is: "The State have no evidence to show *********
did not sexually abuse his son/daughter. Is totally pointless, the true meaning is the State has no evidence to show he did sexually abuse his son/daughter or they would present it. Submitting a young girl to a 3rd rape exam after the first 2 showed "No presentable evidence of sexual abuse", shows the State has exceeded it's authority in attempting to bring a case against this family"
They are twisting the wording to show their evidence as a double negative ,which makes a hidden positive.
*********************
My advice is my opinion and not legal advice
*********************
A bad lawyer is worse then no lawyer and bad advice is worse then no advice....
My advice is my opinion and not legal advice
*********************
A bad lawyer is worse then no lawyer and bad advice is worse then no advice....
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anxiousmom
- Posts: 526
- Joined: Sun Sep 10, 2006 10:18 pm
good dad,
I believe Jackie posted earlier that twice they found 1 dead sperm in her dd's urine....so, there is some evidence of sexual abuse.
I agree that the State obviously has no evidence that the dad perpetrated the abuse.
I believe Jackis has stated that they do not know who did it.
I think it is sad that the little girl has been exposed to 3 different rape exams.
Why 2 addt'l exams? I thought those exams had to be done right away after an assault.
Jackie, how did you all discover something had happened to your dd?
I believe Jackie posted earlier that twice they found 1 dead sperm in her dd's urine....so, there is some evidence of sexual abuse.
I agree that the State obviously has no evidence that the dad perpetrated the abuse.
I believe Jackis has stated that they do not know who did it.
I think it is sad that the little girl has been exposed to 3 different rape exams.
Why 2 addt'l exams? I thought those exams had to be done right away after an assault.
Jackie, how did you all discover something had happened to your dd?
My husband and I brought our dd in to a doctors office because she had been sick and complaining of joint pain. She is over 4 ft.tall and she just turned 6. The doctor said he didnt see anything wrong and my husband refused to take his "word" for it and insisted on lab work. They did a CBC, ANA, urinalysis, etc. They found one non-motile (dead) sperm in each urine sample. The second one done hours later. During the rape exam at the hospital, they found nothing.... no sperm, tearing, bruising, trauma, nothing. A week later, she went through the interview process and complete physical... again, nothing. The only thing they said about the interview was that she became uncomfortable with the question when asked if anyone was touching her private area.... What child at 5 years old wouldnt?
So now, Oregon is making verbal accusations about my husband still possibly abusing dd... and they think that he is probably doing it to our ds too, although this was not a concern when we were in Oregon. My husband was not allowed to see our dd in Oregon but allowed to see the two boys. So that is how we ended up with all of these exams.... As soon as they stole my little ones on the 16th, they rushed them in to be examined again. This has got to stop! All they are doing is hurting the children. The evidence just makes no sense... one dead sperm in each urine sample and then nothing else.
We have an adjuticary hearing in a few weeks... I have no idea of what will come of this. Also, when I went to get the children last Thursday, the social worker said that they are going to set us up with an IHP... again, no idea what they intend on doing. She told me that she would not set this up for a couple of weeks (?) because the holidays are a busy time.
BTW, the state (Oregon) has said that the father did do it.... there is no evidence that he did but they refused to talk to anyone else that she was around during the time in question. So now is the time to try and prove innocense with ridiculous remarks like the one I stated earlier about the "no evidence that the father did not sexually abuse BOTH children".
So now, Oregon is making verbal accusations about my husband still possibly abusing dd... and they think that he is probably doing it to our ds too, although this was not a concern when we were in Oregon. My husband was not allowed to see our dd in Oregon but allowed to see the two boys. So that is how we ended up with all of these exams.... As soon as they stole my little ones on the 16th, they rushed them in to be examined again. This has got to stop! All they are doing is hurting the children. The evidence just makes no sense... one dead sperm in each urine sample and then nothing else.
We have an adjuticary hearing in a few weeks... I have no idea of what will come of this. Also, when I went to get the children last Thursday, the social worker said that they are going to set us up with an IHP... again, no idea what they intend on doing. She told me that she would not set this up for a couple of weeks (?) because the holidays are a busy time.
BTW, the state (Oregon) has said that the father did do it.... there is no evidence that he did but they refused to talk to anyone else that she was around during the time in question. So now is the time to try and prove innocense with ridiculous remarks like the one I stated earlier about the "no evidence that the father did not sexually abuse BOTH children".
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Frustrated
- Posts: 3916
- Joined: Fri Aug 26, 2005 11:15 am
- Location: Canada
- Contact:
Congratulations. That is what it should be. A Family United together at Home.
No Evidence of any wrong doing, they should dismiss the Case all together.
Period.
No Evidence of any wrong doing, they should dismiss the Case all together.
Period.
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22
Frustrated wrote:Congratulations. That is what it should be. A Family United together at Home.
No Evidence of any wrong doing, they should dismiss the Case all together.
Period.
Yes, but whether or not the judge decides to do that is another story. I guess we will find out in a couple of weeks.
This also has nothing to do with the criminal aspect of the case either.... The attorney is going after them next. After a year, no arrest and I have a letter from the head of the OSP Forensic Crime Lab stating that they believe this case is closed unless there is a request for further testing.... I just dont get it. I truly believe that this was a last ditch effort on Oregons part to tear this family apart, and although they succeded in doing it for 7 days, we still won and we are still a united front!!
Thanks for everyones continued support!
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anxiousmom
- Posts: 526
- Joined: Sun Sep 10, 2006 10:18 pm
Jackie,
Wow! You'd think that cps, the judge, the doctor & other powers that be would realize that your dh would most likely NOT have ASKED the doc. to run test on her if *he* had been abusing her sexually!!!!
If he hadn't inisted the drs. run the test, the sperm would never have been found.
It doesn't make sense that the police didn't investigate anyone & everyone that could be a suspect!
Wow! You'd think that cps, the judge, the doctor & other powers that be would realize that your dh would most likely NOT have ASKED the doc. to run test on her if *he* had been abusing her sexually!!!!
If he hadn't inisted the drs. run the test, the sperm would never have been found.
It doesn't make sense that the police didn't investigate anyone & everyone that could be a suspect!
[quote="anxiousmom"]Jackie,
Wow! You'd think that cps, the judge, the doctor & other powers that be would realize that your dh would most likely NOT have ASKED the doc. to run test on her if *he* had been abusing her sexually!!!!
WRONG! The first time I met with the social worker, he had me sign a safety plan keeping someone else away from the children. I cannot discuss this openly so check your PM and I will explain. That same day, the social worker said to me.. "what person would ever look at your husband for this since he was adimant about having lab work done too...." A week or so later, they said it could not be the other person so than it was my husband.
According to DHS and the police, the reason why my husband wanted the testing done as well was because he was tired of the abuse he was inflicting on his daughter, it was the only way he knew how to love her and that he finally wanted to get caught to put an end to it. I kid you not.....
Wow! You'd think that cps, the judge, the doctor & other powers that be would realize that your dh would most likely NOT have ASKED the doc. to run test on her if *he* had been abusing her sexually!!!!
WRONG! The first time I met with the social worker, he had me sign a safety plan keeping someone else away from the children. I cannot discuss this openly so check your PM and I will explain. That same day, the social worker said to me.. "what person would ever look at your husband for this since he was adimant about having lab work done too...." A week or so later, they said it could not be the other person so than it was my husband.
According to DHS and the police, the reason why my husband wanted the testing done as well was because he was tired of the abuse he was inflicting on his daughter, it was the only way he knew how to love her and that he finally wanted to get caught to put an end to it. I kid you not.....
I also need to clarify that when our dd was brought to the doctors office, I went with the three kids... husband had to work but when the doctor said that he didnt see a reason to do testing, I told him that my husband and I were not comfortable with that course of action. So, he was not there, but he had told me specifically to demand that testing was to be done because she seemed to be showing symptoms of cancer or some other horrific disease's. My mother also has lupus so this was another concern of ours.
Also, when the doctor wrote up his notes about when he told my husband and I the results (I called husband and he left work worried as all hell), he specifically stated that "both parents had normal response to the news such as crying and that the parents asked all of the appropriate questions".
Also, when the doctor wrote up his notes about when he told my husband and I the results (I called husband and he left work worried as all hell), he specifically stated that "both parents had normal response to the news such as crying and that the parents asked all of the appropriate questions".
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ladyfoldora
- Posts: 58
- Joined: Thu Sep 14, 2006 6:48 am
- Location: South Carolina
- Contact:
jackiew75 wrote:According to DHS and the police, the reason why my husband wanted the testing done as well was because he was tired of the abuse he was inflicting on his daughter, it was the only way he knew how to love her and that he finally wanted to get caught to put an end to it. I kid you not.....
It amazes me how these people turn every situation around to fit them somehow. They keep telling me that since my daughter recanted, how normal it is (quoting statistics and all) ESPECIALLY if the child feels the tension and doesn't get any support, even tho my children have ALWAYS known I will support them in ANYTHING and I always have. Yet, CPS are unwilling to see this for what it really is. A scared little girl who felt she had no choice to tell her aunt it was true, just to go to bed and get some sleep. They are also not willing to talk to anyone else involved. Once they have their minds set on who did it, it doesn't matter what anyone else says, they are going to believe that person did it until the end. This has been going on with us for 5 months now, and I haven't heard from the detective since September, my husband has never spoken to him. I believe if he were going to be arrested, that would have already happened, yet my mother keeps telling my children (when I'm not around) that their father is going to the pen and will never see them again. The summons and complaint states "emotional trauma" caused by their father, yet the only emotion trauma they have had to endure is at the hands of CPS and MY "family". WHY can't anyone understand what this does to children??
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