Recourse When the Other Parent and a Social Worker Violate Court Orders
My question involves a child custody case from the State of: California
What is the first step in taking taking due to Social worker and Father violating court orders, my now relieved court appointed attorney not allowing me to take action on the latter, a judge not allowing me to be appointed a new attorney, even though she wasnt allowing me to submit evidence in to the court of law, just to say the least. The list of incidents go on and on but I will just start here.
Re: Recourse When the Other Parent and a Social Worker Violate Court Orders
You are going to have to share factual context. If you don't want to do that here, you should discuss the facts with your lawyer.
Re: Recourse When the Other Parent and a Social Worker Violate Court Orders
The first step is getting yourself an attorney that you trust and understand. Everything else will hinge from that.
What did the court order the social worker to do or not do? How was that order violated? What documentation or witnesses do you have?
What did the court order the father to do or not do? How was that order violated? What documentation or witnesses do you have?
The unfortunate reality if that if you're getting court appointed counsel, you're generally going to be stuck with that counsel. Generally it has to be much MORE going on than you not liking the way the attorney is handling the case. Under what circumstances did the court relieve the appointed attorney?
On the evidence matter, we really can't comment without much more knowledge of exactly what the complaint might be. Not all evidence gets in. Evidentary procedures are complex creatures. There has to be a foundation and other requirements for evidence and witnesses to be brought in. This is why you NEED an attorney you trust - because there are going to be things about the process you're not going to like or wont seem fair and you need to know that the attorney is doing what they can to bring your case while BOUND by the rules and procedures of court.
Re: Recourse When the Other Parent and a Social Worker Violate Court Orders
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Quoting
katiemylove1
My question involves a child custody case from the State of: California
What is the first step in taking taking due to Social worker and Father violating court orders, my now relieved court appointed attorney not allowing me to take action on the latter, a judge not allowing me to be appointed a new attorney, even though she wasnt allowing me to submit evidence in to the court of law, just to say the least. The list of incidents go on and on but I will just start here.
California doesn't give one a 'court appointed attorney' for routine custody and visitation matters. So, something else is going on.
Re: Recourse When the Other Parent and a Social Worker Violate Court Orders
I had to relieve my attorney due to her not allowing me to submit a hair follicle and urine analysis. and also for not allowing me to take action against HSA and the father for violating court orders. Sounds fishy to me but I know exactly what is going on. They said I "sounded" like I was "under the influence" when on the phone with various people. These people all stated I sounded under the influence. This occurred AFTER I told my Social Worker that I was taking a narcotic pain medicine which she didnt agree with due to me being an "addict" as she stated This both a discriminatory and slanderous word, addict. I have been clean and have been submitting hair and urine randomly and testing negative, even on pain medicine. That is how little I took. It didnt even show up on the tests.
I also told them that the ER prescribed me a narcotic pain medicine and was taking it for a month and no on ever said anything up until I told the Social Worker about me taking one. Sounds like Retaliation. Better yet the father is not to have contact with me nor supervise phone calls, nor visitations. The worker keeps calling with the father to supervice on the other line with my daughter and I have to keep refusing the calls, unfortunately. She is knowingly doing it. I think the father thinks I dont follow through with anything like I did when I was with him. Well, I have been clean and am more motivated and positive and have more drive than I have. I have turned the negative into a great positive.
It is a juvenile dependency case opened up due to the father abusing his step son and they put the children back into the home but court preceding are still going on.
The court orders stated that I am to have at least 1 phone call a week. Due to the father being mentally and physically abusive, he is not allowed to have contact with me at all, nor supervise phone calls or visitations. The worker keeps calling with him on the other line to supervise the phone calls. I keep saying No, I dont want to violate court order. She then says, well I will just say you refused the call. I say okay Goodbye.
Re: Recourse When the Other Parent and a Social Worker Violate Court Orders
I'm not sure what you expect that drug tests will demonstrate, if you are in fact taking narcotics. The question of whether or not you have a prescription for narcotics is a separate issue from either whether you're a drug addict or whether you're under the influence -- you can become intoxicated by taking prescription medications, even without exceeding the prescribed dosage. It's not plausible that you're taking narcotic pain medication without it showing up on drug tests, unless the tests are administered after the drugs pass out of your system. If the test is administered before the drugs leave your system, even one pill is going to show up on a standard 5/12/16 panel drug test.
I'm not sure how you can argue that you took so little medication that it did not show up on tests, while then arguing that you took narcotics for a month after an ER visit. Even assuming the ER took the rather unusual step of prescribing for a full month -- most will prescribe a modest amount of medication and tell you to follow up with your own physician -- if you took narcotics every day for a month that's a considerable amount of medication and it would show up on a drug test. If you were tested for narcotics during that period and nothing showed up, the question becomes (a) why didn't the test work, or (b) how did you manage to game the test to avoid the positive, and why would you do that if not covering up addiction and drug-seeking?
If the supervisor is calling your ex- because that's where the child lives, then asking you to join the conversation with your refusing to do so because your child lives with your ex-, then that is a matter of you refusing the phone contact. You seem to be confused about what the social worker is doing -- if the social worker simply wasn't going to supervise the call, there would be no need for the social worker to act as an intermediary.
Re: Recourse When the Other Parent and a Social Worker Violate Court Orders
First off, I have no clue why the pain medication did not show up. There is no way to pass a hair follicle test which can go back six months by the way. If there is a way, I am not knowledgeable of it. It was prescribed and I took way less than prescribed. Everyone has an opinion but this is not about opinions. The fact is that the hair and urine tests (2) came back negative. I took the urine and hair tests while also taking the medicine still. I didn't post on here to be belittled. I beleive in honesty in any situation, even if it is incriminating to myself. Lies catch up to you. I learned that the hard way. I also dont appreciate someone assuming they know my story nor do I want to explain it to you at least Mr Knowitall, unless your tone becomes more respectful. Maybe then I will elaborate.
I am looking for a pro bono attorney. The social worker was to supervise the phone calls with someone other than the father. The father is to have no contact with me at all and that includes him not supervising the phone calls or visitations. That is court ordered. The social worker is retaliation against me for reporting her by calling me and saying the father is on the other line with my daughter and each time I tell her that I dont want to violate the court orders and then she says well I am just going to document that you refused the call. I just say Okay and Goodbye. I am well educated in college and in life. I will not stop fighting for her until I get full custody of her. What the father is doing shows he is being malicious and immoral. That shows bad character. They are both just giving me more evidence to have them prosecuted,. They can be prosecuted under certain penal codes. I have looked them up and have documented them. For every incident that occurs, my drive gets stronger. I want and need my daughter and my daughter wants and needs her mother.
KNowitall: by any chance, do you have a certificate to be a lab technician?
Re: Recourse When the Other Parent and a Social Worker Violate Court Orders
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katiemylove1
First off, I have no clue why the pain medication did not show up.
Again, there are two possibilities. The first, which given that we're talking about two test on two modalities is astronomically unlikely, is that both drug tests failed. The other is that you found a way to cheat the tests. Even if we give you the benefit if the doubt, those who are experienced with drug addiction and the way addicts cheat on drug tests (such as the social worker) are unlikely to do so.
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Quoting katiemylove1
There is no way to pass a hair follicle test which can go back six months by the way.
Sure there is: You use somebody else's hair.
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Quoting katiemylove1
I also dont appreciate someone assuming they know my story nor do I want to explain it to you at least Mr Knowitall, unless your tone becomes more respectful. Maybe then I will elaborate.
Cry me a river. If you want respect, start earning it.
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Quoting katiemylove1
The social worker is retaliation against me for reporting her by calling me and saying the father is on the other line with my daughter and each time I tell her that I dont want to violate the court orders and then she says well I am just going to document that you refused the call.
At this point, I think that the social worker is indicating that dad is ready to put the child on the line, and you're imagining the rest -- and are in fact refusing the contact based upon your imagination rather than any actual desire on the social worker's part that you communicate with your ex-.
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Quoting katiemylove1
by any chance, do you have a certificate to be a lab technician?
The qualifications one would need to be a "lab technician" will depend on the job.
Re: Recourse When the Other Parent and a Social Worker Violate Court Orders
mr Knowitall is the type of person whom has a holier than though attitude and feels better about himself by putting others down. Its a defense mechanism used when a person doesnt have much self esteem. The proof is in his comments and very disrespectful attitude. Maybe you should work for Child Welfare services. You have the personality. You give comments that are totally unecessary and unrelated. And your view of someone that you dont even know is considered to be a "Drug Addict" then you must not know me. I am not a drug addict. I am an Individual, a human being, whom treats others as individuals also which includes being compassionate, empathetic. NONJUDGEMENTAL (UNLIKE YOU), AND i HAVE AN ADDICTIVE PERSONALITY. Calling someone a drug addict makes you seem extremely uneducated and maybe you should not be a senior Member. You dont show the ability to know how to interact with people, even through a computer. Maybe you should do some soul searching and try to figure out what is really making you act in such a manner. It's very offensive and I have seen others on here reflect the same opinion. But ban opinion is an opinion. Maybe you can go ask the lab that actually cut the hair off of my hair and stood in the bathroom while i peed in a cup. LOL. Funny.
Re: Recourse When the Other Parent and a Social Worker Violate Court Orders
Mr Knowitall is one of the most knowledge members here. He gives advice based on laws for free. Just because he isn't saying what you want to hear is no reason to be disrespectful.
Re: Recourse When the Other Parent and a Social Worker Violate Court Orders
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katiemylove1
mr Knowitall is the type of person whom has a holier than though attitude and feels better about himself by putting others down. Its a defense mechanism used when a person doesnt have much self esteem. The proof is in his comments and very disrespectful attitude. Maybe you should work for Child Welfare services. You have the personality. You give comments that are totally unecessary and unrelated. And your view of someone that you dont even know is considered to be a "Drug Addict" then you must not know me. I am not a drug addict. I am an Individual, a human being, whom treats others as individuals also which includes being compassionate, empathetic. NONJUDGEMENTAL (UNLIKE YOU), AND i HAVE AN ADDICTIVE PERSONALITY. Calling someone a drug addict makes you seem extremely uneducated and maybe you should not be a senior Member. You dont show the ability to know how to interact with people, even through a computer. Maybe you should do some soul searching and try to figure out what is really making you act in such a manner. It's very offensive and I have seen others on here reflect the same opinion. But ban opinion is an opinion. Maybe you can go ask the lab that actually cut the hair off of my hair and stood in the bathroom while i peed in a cup. LOL. Funny.
You have no case. End of story.
(although it's becoming rather obvious how you ended up in this mess to begin with)
Re: Recourse When the Other Parent and a Social Worker Violate Court Orders
he was disrespectful on so many levels and giving advice for free is something that should be commended. I do alot of things in the community for free. He gives anything but legal advice. Obviously this is not a place I feel is positive at all. His name says it all. Being knowledgable is knowing something to be true. He assumes things about my situation yet he is not knowledgable. This forum is about facts not opinions and im running into a few people people whom do not get that. Knowitall and you being two of them.
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Dogmatique
You have no case. End of story.
(although it's becoming rather obvious how you ended up in this mess to begin with)
Like I said people on here give opinions and disrespectful remarks rather than facts...if you just knew the whole story. But I wouldnt waste my time on this website to do that just so I can be put down for trying to get the facts not opinions on my situation.
Re: Recourse When the Other Parent and a Social Worker Violate Court Orders
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katiemylove1
mr Knowitall is the type of person whom has a holier than though attitude and feels better about himself by putting others down.
If the facts didn't make you look like a drug addict, we wouldn't be talking about your drug use, your drug tests, or the fact that your children have been placed with your allegedly abusive ex- with your being the subject of protective proceedings and allowed only minimal contact with your children. Throwing temper tantrums and calling me names won't change any of that.
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Quoting katiemylove1
Maybe you should work for Child Welfare services. You have the personality.
You mean, they're not stupid, either?
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Quoting katiemylove1
Calling someone a drug addict makes you seem extremely uneducated and maybe you should not be a senior Member.
You need to back down from your childish temper tantrum and actually read what I said. I didn't call you a drug addict. I simply pointed out -- even if we in this forum take your story at face value -- how your story of two false negatives on two different drug tests, during a period when you were taking narcotics, is going to look to anybody with a whit of knowledge about addiction and drug testing. The facts are what they are.
If you are as irrational and hostile with the case worker as you have been in this forum, it's not surprising that you are having difficulties working with the case worker.
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Quoting katiemylove1
Maybe you can go ask the lab that actually cut the hair off of my hair and stood in the bathroom while i peed in a cup. LOL. Funny.
No, it's not funny. If you had two different drug tests on two different modalities come back with false negatives -- as you say occurred -- then you either went to the world's least competent drug lab or you found a way to beat the tests.
Re: Recourse When the Other Parent and a Social Worker Violate Court Orders
This is her husband if you cannot maintain a civil and positive way of speaking then please do not speak at all. Not to mention that you obviosly play favorites in the fact that you don't even realize the tests were taken and completed by the lab provided by and run by Human Services Agency. Therefore the system that you claim to support, is the same system you are calling incompetent. She already is having enough of a hard time with what's been going on. She came to this forum for help, not belittlement. If this is the way you attempt to help people then I suggest you take some form of formal training in the handling of people before you try starting an intellectual forum, when you don't even know the first thing about talking with people empathetically. You have now upset my wife to the point of tears, what you are doing and the way you are acting is in fact abuse, and a form of harassment. I am now ending this conversation and I would strongly advise you to take care what you do and say next, as I can and do have the ability of reporting it. Cyber crimes have different laws and I am well aware of them. I would strongly suggest that you take to heart what it is that you are doing, and before claiming to "knowitall" I would (if I were you) pursue some credentials.
Re: Recourse When the Other Parent and a Social Worker Violate Court Orders
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Quoting
katiemylove1
This is her husband if you cannot maintain a civil and positive way of speaking then please do not speak at all. Not to mention that you obviosly play favorites in the fact that you don't even realize the tests were taken and completed by the lab provided by and run by Human Services Agency. Therefore the system that you claim to support, is the same system you are calling incompetent. She already is having enough of a hard time with what's been going on. She came to this forum for help, not belittlement. If this is the way you attempt to help people then I suggest you take some form of formal training in the handling of people before you try starting an intellectual forum, when you don't even know the first thing about talking with people empathetically. You have now upset my wife to the point of tears, what you are doing and the way you are acting is in fact abuse, and a form of harassment. I am now ending this conversation and I would strongly advise you to take care what you do and say next, as I can and do have the ability of reporting it. Cyber crimes have different laws and I am well aware of them. I would strongly suggest that you take to heart what it is that you are doing, and before claiming to "knowitall" I would (if I were you) pursue some credentials.
Oh please, knock it off. Melodrama isn't going to help you. Your wife has not been "abused" on this forum. There is no harassment. Your childish threats are just that - childish.
Now. My background is in Big Pharma. Your wife's version of events does not support the conclusion and clearly the courts are in agreement with my statement. Why is that? Exactly.
You're both misunderstanding (and I'm being generous there) the law, and I'm including the bizarre statements by your wife. So my advice is to grow a thicker skin, get help for your passive-aggressive childish little threats and pay an attorney to tolerate your nonsense.
Have a lovely night! :)
Re: Recourse When the Other Parent and a Social Worker Violate Court Orders
The Department of Health and Human Services certifies drug testing labs, but it does not own and operate labs that test people for the use of controlled substances.
I'm pretty amazed by the size of the childish temper tantrum that is being thrown over the fact that the drug lab produced two false negatives on two separate tests made on two different modalities. Seriously -- if you want to argue that the lab is competent and did the testing properly, given that you have admitted that the results were wrong, what conclusion do you believe that leaves open?