- Jurisdiction
- Arizona
Hello,
I am reaching out for help on the behalf of my wife and her younger children and I want to get an opinion on something because we have 2 lawyers giving us conflicting advice.
We have had custody of my wife's younger children for the summer. A couple of weeks ago we were supposed to bring them back on a Sunday to their father for the school year (he has primary custody). However, the Wednesday before we were to bring them back, we were told by my wifes 14 year old daughter that when she was younger, her uncle (dad's brother) would babysit her and her brother. While he would watch them, he would close all of the doors in the house, and touch her in inappropriate places and she believes that he did more than just touch. Upon finding this out, my wife and I immediately went to the police department where we live to file a police report, as well as call the police department where she lived at the time (which is on a native american reservation). We also filed in both locations restraining orders against their uncle and their abusive father.
The judge did deny our plea for a temporary restraining order, but did set a date for a hearing on them. The police department on the reservation has literally done nothing with the case that was opened. They haven't even filed the report yet. We also have been in contact with the Child Protective Services on the reservation, but they too have done little. They promise a call back to us, but never follow up. It is getting to the point that due to the negligence of the reservations authorities, that my wife and I are considering opening a case through the FBI.
However, the advice that I am looking for is that in retaliation for the protection order and police cases, the father of the kids applied for his own protection order referencing some old text messages from my wife to her daughter. These texts were taken out of context, but the dad is claiming that we are coaching the kids what to say so that we could keep them. He does not believe that his daughter is saying these things, and he does not believe that his brother did anything wrong. Anyways, for some crazy reason, the judge approved a temporary protection order on his behalf, and now he and his counsel are threatening my wife with jail time if the kids are not returned. How are we supposed to return the kids in an environment when all they are going to get is yelled at and probably physically abused because of the accusations that were made toward the uncle? One lawyer we are working with is saying to absolutely do not take them back and the other is saying to absolutely take them back. Our court date is on the 20th of this month (Tuesday) for the actual hearing. I would love to know what you guys think on this situation.
I am reaching out for help on the behalf of my wife and her younger children and I want to get an opinion on something because we have 2 lawyers giving us conflicting advice.
We have had custody of my wife's younger children for the summer. A couple of weeks ago we were supposed to bring them back on a Sunday to their father for the school year (he has primary custody). However, the Wednesday before we were to bring them back, we were told by my wifes 14 year old daughter that when she was younger, her uncle (dad's brother) would babysit her and her brother. While he would watch them, he would close all of the doors in the house, and touch her in inappropriate places and she believes that he did more than just touch. Upon finding this out, my wife and I immediately went to the police department where we live to file a police report, as well as call the police department where she lived at the time (which is on a native american reservation). We also filed in both locations restraining orders against their uncle and their abusive father.
The judge did deny our plea for a temporary restraining order, but did set a date for a hearing on them. The police department on the reservation has literally done nothing with the case that was opened. They haven't even filed the report yet. We also have been in contact with the Child Protective Services on the reservation, but they too have done little. They promise a call back to us, but never follow up. It is getting to the point that due to the negligence of the reservations authorities, that my wife and I are considering opening a case through the FBI.
However, the advice that I am looking for is that in retaliation for the protection order and police cases, the father of the kids applied for his own protection order referencing some old text messages from my wife to her daughter. These texts were taken out of context, but the dad is claiming that we are coaching the kids what to say so that we could keep them. He does not believe that his daughter is saying these things, and he does not believe that his brother did anything wrong. Anyways, for some crazy reason, the judge approved a temporary protection order on his behalf, and now he and his counsel are threatening my wife with jail time if the kids are not returned. How are we supposed to return the kids in an environment when all they are going to get is yelled at and probably physically abused because of the accusations that were made toward the uncle? One lawyer we are working with is saying to absolutely do not take them back and the other is saying to absolutely take them back. Our court date is on the 20th of this month (Tuesday) for the actual hearing. I would love to know what you guys think on this situation.