without a court order can the cps stop you from removing kids from the county the live in?

Question

someone made a report of fighting and an eviction to cps now they say parents have to do anger management and kids cannot be removed to go stay with grandma 1 hr away. no court order .they showed up today,said that was that.i want my daughter and grankids to come stay with me( no dad).end of problem.since when does the cps have so much authority without a court order of some kind. no arrest or even an investigation of any kind

Answer 1

The issue is not that they have a court order now but that they could easily get one if they sought it.

Sometimes removal to another state or country -- subject to no interested person (normally the other parent) complaining and invoking The Hague Convention on child abduction which makes the last home of the child for six months his/her "habitual residence" and gives it jurisdiction.

In most cases the county loses interest once a child has been removed from its jurisdiction. Its workload has been decreased. So long as the child is not in danger of abuse the problem is gone from their desk, maybe forever.

If there are persistent busybodies complaining, anything can happen. Even a repeat of the McMartin or Shetlands disaster where preschool teachers were jailed (first case) and kids were taken away and put in foster homes (second case).

Answer 2

I'm sorry to hear about your situation. But because there was physical violence involved and your children in a safety threat, they had the right to protect the children first. I know it must be very difficult for you to have something like this happen to you. But regardless of whether it was your fault or not as to who started the confrontations, the fact of the matter is that the only way you will get your kids back will be to prove to the court and the counselor that you are physically, mentally, emotional, and financially responsible enough to have those children.

You are very lucky that they took the children to another family member. That you are able to see them. The police could have called in child protection services and had them put into foster care. Consider this a blessing, not a curse. This might be the wide awakening that you need to take account of what is really important in your life. Don't try anything stupid like "kidnapping" your own kids until you have gone through the proper channels such as getting counseling, an attorney, and use the court system to your advantage. If you and your spouse are fighting, you need to file a restraining/protection order for the time being. Right now you need to do what is best for your kids. Take care of your issues first, then work toward getting your kids back.

Good luck and may your family be back together soon.

Answer 3

They can't. Unless an imminent threat to welfare is evident, a court order is required. Go see a lawyer.

Answer 4

if child protective services is involoved, no court order is necessary.