Q: Q: Dependancy & Neglect case, can you file a motion for Judgment and Order for Possession to get your children back?
Your children are considered property. In a D&N case the children were unlawfully removed under fraud (have proof) the children were removed @ birth. Falsified allegations in order to get an Ex Parte warrant, then removed the allegations from the petition before the 72hr court hearing to some other falsified allegations which was Paragraph 5e of the Colorado title 19 childrens code. No criminal charges were never filed in this case. Parent engaged in services but still CPS terminated rights without the parent having legal council for the termination hearing. The fosters adopted one baby and the other is in appeal to the Supreme court (which will be denied of course) and fosters are going to adopt the other baby before the judgment is ruled in the appeal. Can the Judgment and Order for Possession be submitted or Verified Complaint in Replevin be filed w/ the Judgment and Order for Possession? One or the other or both?
A:
Children are not considered property in US jurisprudence. If a court order has terminated your parental rights and awarded custody to others, your remedy is to appeal that order.
Replevin is a legal remedy that applies to personal property, not to children. It would be frivolous to try to use such a procedure in a child neglect and custody matter.
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