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What constitues a “normal” emotional reaction if a parent loses a child?

Discussion in 'Protective & Restraining Orders' started by Kaun, Jan 29, 2018.

  1. Kaun

    Kaun Law Topic Starter New Member

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    My 4-year-old child has been taken away by my ex-wife by filing a false protection order and claiming I am abusing my son. The court did not require any proof and took my child away. The court based its ruling on a diary which I wrote over 2 years ago when my child was taken away for the first time, just for a few days. I am very close with my son and I have spent more time with him than his mother has and he is the center of my life. So when he was taken away and I had no idea when I would ever see him again 2 years ago, I almost lost it. I had states of extreme despair and I felt like I was losing my mental faculties through the pain I was experiencing.

    In my notes, I wrote I had fantasies of suicide, was contemplating murder and violence and abduction and revenge. My therapist back then asked me to write as a therapeutic expression and she thought that the feelings and fantasies I experienced were normal for a person whose child gets taken which is the most traumatic event a parent can experience.

    My ex's lawyer however said that based on these 2-year-old writings I am making death threats and I am a dangerous person and my child should be taken away from me and the court agreed. I had no idea that people can be punished for feelings they experience. Ironically the court did not ask where those feelings came from either.

    I filed a motion for revision but the judge did not see anything wrong with the ruling either. Or with the fact that my ex, the opposing party, being a mental health counselor diagnosed me and the court accepted her diagnosis and ordered me accordingly.

    am interested to hear what typically the court thinks a proper emotional response would be for a father to have their child taken away.

    I filed an appeal but I don’t have much hope for that either because I thought my motion for revision was brilliant and I can’t spend $10000 for a lawyer for the appeal.

    Thank you
  2. army judge

    army judge Super Moderator

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    I empathize with your plight, mate.

    No one, but the judge who issued the ruling, can answer your query.

    If you wish to appeal, you'll need to come up with the loot to hire a lawyer.

    Even if you were a billionaire, you might have received the same result.

    All you can do, if you wish to see your child one day, is save your money to carry the legal fight.

    Perhaps you can see a counselor, find a father's support group, or a lawyer willing to help you pro bono.

    Good luck.
  3. zddoodah

    zddoodah Well-Known Member

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    "Proof" is nothing but a quantum of evidence that is sufficient to persuade a trier of fact that something is or isn't true. The court wouldn't have issued an order without some evidence that persuaded the court that the requirements to issue the order were met.

    As for the rest of your post, asking us to assess -- in a vacuum -- something you wrote that we haven't read isn't going to be productive. If you want to regain custody and/or the right to have visitation with your kid, you'll need to fight for it, and the best way to do that is to find a lawyer to represent you.

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