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Order of No Contact With My Child Pending Substance Abuse Evaluation and Testing

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  • 02-05-2015, 03:14 PM
    Jerz2014
    Order of No Contact With My Child Pending Substance Abuse Evaluation and Testing
    My question involves the state of new York. A judge imposed a stipulation of no contact with my child, until I have a drug and alcohol evaluation and proof of compliance by drug and alcohol, with no time frame. I know some type of time frame is supposed to be on it, but now the mother got her house raided and found drugs, and I went to file a petition against the mother and was told by the clerk of the court that I couldn't due to the judge putting this stipulation on my last final order, isn't this illegal for the judge to do, and for the clerk to deny me from petitioning the court?
  • 02-05-2015, 03:16 PM
    CourtClerk
    Re: Is It Illegal for a Judge to Impose a Stipulation Like This
    No, there's no law against it. Go get the drug and alcohol eval ASAP so you can petition to get your kids. What are you waiting for?
  • 02-05-2015, 03:48 PM
    Dogmatique
    Re: Is It Illegal for a Judge to Impose a Stipulation Like This
    Quote:

    Quoting CourtClerk
    View Post
    No, there's no law against it. Go get the drug and alcohol eval ASAP so you can petition to get your kids. What are you waiting for?


    Erm... other thread....
  • 02-05-2015, 09:03 PM
    llworking
    Re: Is It Illegal for a Judge to Impose a Stipulation Like This
    Quote:

    Quoting Dogmatique
    View Post
    Erm... other thread....

    and..erm...other thread makes me wonder just who got mom's house raided. Looks like the children might end up in foster care until both parents get their act straight.
  • 02-05-2015, 09:52 PM
    Dogmatique
    Re: Is It Illegal for a Judge to Impose a Stipulation Like This
    Quote:

    Quoting llworking
    View Post
    and..erm...other thread makes me wonder just who got mom's house raided. Looks like the children might end up in foster care until both parents get their act straight.


    Yep. To actually have a judge say "no contact AT ALL" isn't really that common. Usually much more likely to end up with restricted and supervised visitation.

    I agree with what you've said.
  • 02-06-2015, 02:12 PM
    Jerz2014
    Re: Order of No Contact With My Child Pending Substance Abuse Evaluation and Testing
    To answer the question HER boyfriend go t the house raided after a month long investigation....he was on parole and running...I didn't even know about the raid until I read the local paper three days later.. People started calling me to tell me about it, and to those wondering I'm dealing with a biased judge who in our last case.. Let false testimony into evidence, let her star witness commit perjury and allowed it,let the child's mother admit to violating eight stay away orders and allowed this, and let the child's mother lawyer question me about irrelevant things not in the case, and let her attorney introduce an order that wasn't in effect in to testimony...I've never had a drug abuse finding,never been tested for drugs in the court,don't have drug charges, he just put this in the order, and didn't serve it to me or my lawyers office..so it shouldnt make any of you wonder....
  • 02-06-2015, 02:22 PM
    Dogmatique
    Re: Order of No Contact With My Child Pending Substance Abuse Evaluation and Testing
    If you haven't already changed attorneys, that might be something you need to do.
  • 02-06-2015, 02:29 PM
    Jerz2014
    Re: Order of No Contact With My Child Pending Substance Abuse Evaluation and Testing
    On a side note the lawyer I had doesn't represent me, because he represented the boyfriend last year when the cops pulled him over in my child's mother s car and he had drugs on him and coke in his nose, and we told this judge about him last year, and the judge blew it off

    - - - Updated - - -

    I did believe me the only good thing he did was get his boss to acknowledge that family court never served anyone with the order, so he told my new lawyer to see about vacating the order but it goes in front of the same judge so what's the point... And I did get the evaluation, so they let me petition the court now...
  • 02-06-2015, 02:30 PM
    Dogmatique
    Re: Order of No Contact With My Child Pending Substance Abuse Evaluation and Testing
    Attorney. Get one. Now.
  • 02-06-2015, 02:42 PM
    Jerz2014
    Re: Order of No Contact With My Child Pending Substance Abuse Evaluation and Testing
    Have a good one now lol..
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