Child Abducted Without Investigation, Court Order or Exigent Circumstances

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Tlane5
Posts: 3
Joined: Mon Mar 14, 2016 6:13 am

Child Abducted Without Investigation, Court Order or Exigent Circumstances

Postby Tlane5 » Wed Jul 06, 2016 12:13 am

Hello to All,

Just call me T. I'm a 40 year old single father of a wonderful little girl. About 3 years ago, my now ex-wife developed a drug problem. One of her friends told me about it and also called CPS. This being our first experience with CPS, we weren't aware of our rights. The investigator told us to take drug tests. I passed, she failed. They ordered her to leave the home. We went to court and I was forced into services. I underwent psych exams, counseling, random drug testing, even though I hadn't done anything wrong. She wouldn't cooperate with them and refused services. Ultimately, this was the beginning of the end of our family. My daughter didn't understand why her mother chose drugs over her and I held my daughter as she cried herself to sleep for several months. My ex-wife's drug use got worse and she eventually shacked up with one of her drug buddies and got pregnant. Our relationship, what was left of it, deteriorated as did her mental health.

When the baby was born, he tested positive for several substances. CPS removed the child from the hospital and about 3 weeks later, my ex-wife told me that my daughter and I were listed in her suit affecting parent child relationship. They made over a dozen horrible allegations about me, none of which were true. They forgot to subpoena me, so I politely called the court clerk that morning and informed her that I wouldn't be attending the hearing since I wasn't subpoenaed. The case against my daughter and I was dropped.

A few months later my ex's friend came to stay with me for a few weeks. Purely plutonic. She needed a place to stay for a few weeks and I needed help around the house. When my ex found out, she was in a jealous rage and started texting us threatening to cut our throats. About an hour later, she barged into my home and grabbed a knife and threatened to kill herself. Luckily, my daughter was in school. Fearing for our safety, her friend and I exited my home and called the police. Before the police arrived, she came outside and begged me to drive her out of the neighborhood because she thought she would be arrested. I reluctantly agreed. I didn't want to see her go to jail. She went inside, got her purse, and then got into my vehicle. As we were backing out of the driveway, the police arrived and took her into custody on a psych hold.

As I was speaking to the police officer, he asked me if I could retrieve the knife. I agreed, went inside, found the knife and brought it outside to him. A few minutes later, he asked if he could look around my home for blood. I had nothing to hide so I invited him in. We hadn't been inside 5 seconds before he picks up a meth pipe from my coffee table and says "what is this?" I told him "it's not mine." My wife's friend said "it's not mine either." When my ex went inside to retrieve her purse, she obviously left it on the coffee table just in case the police stopped us. I thought he was going to arrest me and I just looked at him and said "do you think I would have voluntarily allowed you to come into my home if I knew there was drug paraphernalia sitting on my coffee table in plain sight?" He thought about that and never said another word to me about it. Even though my daughter wasn't present, the officer made a report to CPS. Several hours later, at the hospital, the nurse found a bag of methamphetamine in my ex-wife's clothing. She was charged with possession a few days later.

A month later, at a hearing for my ex-wife's newly born child, they asked her about the drug charge. She denied knowledge of the drugs found in her clothing. When they asked her about the pipe, she told them "that was found in his house, not on me." They asked her more questions and in an attempt to shift the blame, she said "I think he might be doing drugs." They asked "so you know he's doing drugs?" She replied, "I can't say that for a fact." Before that hearing had concluded, the assistant attorney ordered an illegal seizure of my daughter from her school. (Yes, the ADA, not the judge) The judge never issued a removal order; however, he did say "we'll find some way to drag Mr. T and that child into this lawsuit, one way or another." That's actually on the transcript. :shock: And that they did.

When my daughter didn't get off the bus that day, I thought she had been abducted. I called the police and for hours we searched for her. I'll never forget how sick I felt thinking my daughter had been abducted. I've never felt pain like that in my life. By chance, my daughter's principal had returned to the school that evening and informed an officer that CPS had taken my daughter. The officer called CPS and eventually the investigator called me to tell me that my daughter was with her. My mother and I went to CPS and demanded my daughter back. The supervisor, who knew I was recording the event, refused to identify herself, would not speak to me while being recorded, and would not tell me the whereabouts of my daughter. I threatened to sue. My mother spoke to the investigator and her supervisor. The investigator admitted to never making any attempt to contact me, even though the officer had called in a report a month earlier. They said that they never investigated the case because they knew me and had no concerns about my parenting. We have the investigator admitting this on recording.

The following day, the assistant attorney who had ordered the removal, had a private meeting with a different judge, in his chambers and somehow got him to sign a removal order. From that point, I didn't get a visit with my child until a week later and I didn't get a hearing until 3 weeks later. At the hearing, the investigator testified and offered an affidavit saying that she attempted to make contact with me at my residence on two specific dates. Had she actually come by my home, she would have known that I have a home surveillance system. The judge heard this and did nothing about it. The assistant attorney then confesses in open court that the removal was a mistake, yet the judge does nothing about it.

The judge orders me to undergo drug testing. I took 4 random drug tests and passed them all. When I spoke up during a hearing and told the judge that my daughter was removed on drug allegations, that I had passed four drug tests and then asked for my daughter to be returned, I was thrown out of the court. They have kept her away from me for 3 months now. Now they want me to take a fingernail drug test. I feel like they're on a fishing expedition and I'm fed up. This has gone too far. Any advice would be greatly appreciated.

Tlane5
Posts: 3
Joined: Mon Mar 14, 2016 6:13 am

Re: Child Abducted Without Investigation, Court Order or Exigent Circumstances

Postby Tlane5 » Wed Jul 06, 2016 12:26 am

Oh, I forgot to mention, these events took place in Bell County, Texas.

Desiree powell
Posts: 2
Joined: Tue Mar 07, 2017 7:57 pm

Re: Child Abducted Without Investigation, Court Order or Exigent Circumstances

Postby Desiree powell » Wed Mar 08, 2017 5:01 pm

It's happening in Bexar county in Texas also DA 'S issue orders for removals before she See's any kind of evidence at all I have letters from my doctor the day of hey took my kids I tested clean when they finally did give me a drug you test which wasn't until the 262 hearing after they removed the judge tells us he didn't Tammy car to hear what wet have to day. A motion for discovery was put in on Nov hear we are next year about to go to trial by jury my lawyer has withdrawn since I asked her to file a motion to dismiss all child issues due to lack of jurisdiction .and a notice of the Constitution to the state statutes ppw file a motion to compel and now they have sent a form to sighn and send back it's a joint agreement to request a extension but I don't want a extension I want my kids home it's Tim there have had plenty of time to gather up the production why need a extension to find subverting that isn't there
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