civil rights of a child

[DAVE FRISCO]

If a child is taken from a parent by a Grandparent via emergency custody order, than during a hearing on the matter the Grandparent admits under oath that he lied to the judge in order to get the custody order. Has he violated the civil rights of the child?

 

[I AM ALWAYS LIABLE]

If a child is taken from a parent by a Grandparent via emergency custody order, than during a hearing on the matter the Grandparent admits under oath that he lied to the judge in order to get the custody order. Has he violated the civil rights of the child?

My response:

Yes. If there was a fraud upon the court that culminated in the child being taken to a location against the will of that child based upon lies, then that would be "false imprisonment", "Assault and Battery", "Intentional and Negligent Infliction of Emotional Distress", "Malicious Prosecution", "Abuse of Process", and many other causes of action.

Both the parent(s) and child would have these Causes of Action against the Grandparent that lied to the court.

IAAL

 

[DAVE FRISCO]

Well the plot thickins, the judge has not returned the child, and the special advocate appointed by the court has submitted a report and is billing the mother Kris 32 hours believe it or not this is the FIRST case this advocate has ever been appointed to. The advocate has NOT been to the mothers home to inspect the condition, and on this report the words final report appear at the bottom of the last page. This is the only report issued, and only the child and the petitioner have been the subject of the 32 hours i mentioned. In checking on requirements for an appointed advocate the state of colorado has nothing, no license no degree,no test. This judge is in fact the brain child of this program. By the way my name is Dave and Kris is my girlfriend, i hired a lawyer here in Glenwood Springs Colo, Kris and myself are here in a hotel as tomorow a hearing will be held at 9am, Tonight i find out that the lawyer i hired is the president of the Garfield county advocates assn.

 

[sandy123]

I also am going thru almost the same thing,except this is my nieces daughter i have had her since she was 9.
She is 14 now i do have physical custody of her.
But her mother went an got a juvenile petition on her and it was based on lies, now the juvenie referee said in order
to drop the charges I must file for custody. And i do but can't i file some kind of charges aginst her mother for lieing, keep the faith we will win the battle