Is My Ex Guilty of Child Abuse

[dead_onion]

My question involves child abuse or neglect in the State of: Michigan

hi,
so to those who are famiar with my posts I say hello, and those who aren't a quick recap:

ex is living with a guy with 3 felony narcotics possesions, 2(I just found another conviction from 2009) domestic violence convictions(2009 against his wife, 2011 against his ex girlfriend) felony assault(2011 assaulted his ex with a knife) robbery(1989, considered a violent crime), interferring with electronic communications(2011 during course of felony assault/domestic) In addition mr.creepo overdosed on heroin, I brought this up to the family couselor for FOC the other day, and my ex was there, and she said "he was trying to kill himself!"....as if that is some sort of justification.

We have a 5y/o and a 22m/o, they live with me 6 days a week. up until last week I had denied visits for 6 weeks due to my ex's insistence the felon be around them. She took me to court for contempt, even though I did deny visitation I was not held in contempt nor was she awarded makeup parenting time, which she was requesting. I was told by the family couselor at FOC she would "throw me in front of the judge if I continued to deny visitation" and "I am travelling down a dangerous road". My ex was told to see a couselor and "get her life together". I was told to call CPS if I am concerened and to get a no contact order. She said she can't enforce an order that doesen't exist.

I had a no contact order that said my ex cant have this loser near my kids. somehow it got left out of the final judgement of divorce, an oversight by my attorney I think.
Anyways, my lawyer is drafting a motion to go back to court on it.

In the meantime, I looked up Michigan's child abuse act. it partially states:

"(7) A person is guilty of child abuse in the fourth degree if any of the following apply:

(b) The person knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a child, regardless of whether physical harm results."

So, by having this guy around my kids, is she guilty of 4th degree child abuse?
If I am handing the kids to her knowing this loser is going to be with my kids, am I to guilty of child abuse?

If I were to call CPS and they went to her house and found she is indeed co habitating with this guy, would they remove the kids?

[aardvarc]

Not likely, no. Believe it or not, people with those types of convictions can even win custody of children. Unfortunately, just being around loosers doesn't qualify. Being around loosers who have criminal convictions for crimes against children and the parent knows it? Yep, that could qualify. Being around loosers with restraining orders against them? Yep, that'll matter BIGTIME- and could reasonably result in emergency removal of the children from mom's care for "failure to protect".

When the statute in this case says "commits an act", it means some specific and determinate immediate act, not just that she's already living with the guy. Concentrate on getting that restraining order back in place as THAT is something readily enforceable.

[dead_onion]

he has 2 restraining or no contact orders against him...1 from his ex wife, 1 from his ex girlfriend. they were issued by the courts when he was convicted of domestic assault

[Dogmatique]

But they don't pertain to YOUR situation.

[aardvarc]

Restraining orders get handed out like candy - they don't require the burden of proof that a criminal CONVICTION does. And unless that conviction for domestic assault included children as victims, the restraining orders don't matter - because they address issues between two ADULTS with a specific type of interaction (an intimate relationship). They have nothing to do with YOUR kids.