Sat 24 Mar, 2018 01:17 pm
We live in WA, about a month ago our 8 year old son fell down the stairs over a cart he rides on and this fell with him and probably hit him a few times on the way down. He had a lot of bruising on the arms and legs. He said he protected his head on the way down as per training from his martial arts where this is taught to happen.
He seemed fine and we thought he will be fine and iced him up that night as he was moving around freely with no pain, Next morning his arm was swollen and it looked bad, we went straight to emergency to make sure there was no broken bones. A police officer came and spoke to us at the hospital and spoke to me and my son and they released us as they did not suspect anything.
CPS called us later that day and we co-operated with them and they interviewed him and recorded this interview. They also interviews us the parents and left. The CPS guy came back a week later to take pics of the cart that went down with him.
A couple of weeks later they wanted a Family Team Decision Meeting - we did not know what this was but the CPS guy lied and said it was to make sure the child was safe etc, we asked if we need an attorney he said no not yet, only if this goes to court, the meeting was held the next DAY and they gave us summons to be in court. (pretty dishonest right there). This emergency meeting came about as the doctor who looked at the pictures of the bruises said this was physical abuse.
The meeting was about placement out of home, but they let my wife her him at the house as long as her sister was there to supervise, I offered to leave as I had a DV charge (scheduled to be dismissed this november) of Verbal Abuse.
The next step was a 72 hour shelter hearing and at the hearing the judge decided to let my wife keep our son unsupervised as long as I moved out of the house.
At least he is not in foster care, so in a small way this is fine. I can live away until the time comes that I am proven innocent. Not sure how this will happen.
My question is: as the father who has NOT hit his only child what are my options and two:
Has CPS lost control of my son? as my wife and son are free to do as they wish and they can no longer intervene in his life and control him as they have lost this 72 hour shelter hearing? Is this accurate?
I will fight my battle on the side to get back in the house but my only concern right now is our son as foster care is not needed for him, i cant even think what that will do to him mentally especially as he is currently blaming himself for falling and this being blamed on his parents as to what is going on.
If clarification is needed please ask.
You need a lawyer yesterday, to untangle all of this mess.
Please don't try to do this yourself, and don't try to economize on it.
We have an attorney which we were able to get before the 72 hour hearing. she was the reason why we were able to get my wifes unsupervised.
These are questions for her. It's her job to answer them.