Q: My daughter won her appeal, however the court still is withholding the children.How long can this go on?
They are trying to bully her into changing her story and saying something happened that did not. They are mentally abusing her. The case worker called her the day before the hearing and told her the children were coming home the next day, she was so excited, overjoyed and then show up for court to be told they are not sending the kids home and that they want a new investigation. She won the appeal on all the supposed evidence. How in the world can this corruption be allowed to go on. Her lawyer even said he had never seen anything like it but he agreed to another 30 days as he was stumped with this decision.
A:
Unfortunately, it's impossible to answer your question without knowing all of the facts of your daughter's case. Presumably it's a dependency case, with Child & Youth involved? Troubling perhaps that her attorney agreed to continue the kids in placement for another 30 days if Children & Youth are simply grasping at straws now -- but if the judge was going to order that anyway, it might've been a strategically tactful decision. Typically, once Children & Youth get their claws into you, they never really want to let go. Sometimes the best strategy is to let them go just a bit longer so that you can later argue to a judge that they should release their grasp on the children once and for all.
Perhaps her lawyer can ask for the children to return home pending this second investigation with some tight restrictions or supervision? It can't hurt to ask. Best of luck to you and your family.
A: While I'd like to give you my take on the situation, there are two reasons why I won't. One is that I don't have enough information to even make a guess about wht's going on. The second is probably the most important one and that is that she has an attorney whose advice she should follow. It's not ethical for me to offer advice on a case where the party is already represented by an attorney. Good luck to her. I hope it all works out and does so soon.
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