Where the trial court has determined that both parents should share equal custody of their child, may the court later remove the child from one parent’s physical custody in the absence of clear and convincing evidence of abuse, as is required in juvenile dependency court?The point here is that California has a bunch of laws that apply to removing kids from abuse or neglect in their homes. There are laws requiring teachers and nurses to report suspected abuse, laws requiring CPS to investigate reports, and laws for action to be taken in juvenile dependency court. These laws define abuse, and that clear and convincing evidence of such abuse be proved to take a child, even temporarily. Taking a child must be a last resort.
But Cmr. Irwin H. Joseph refused to follow any of that. There was no evidence of abuse according to the definition in the law, so he just made up his own definition. And he said that he does not need clear and convincing evidence.
I appeal to a higher court in order to force the family court to follow the law. But appeal judges Mihara, Bamattre-Manoukian, and Duffy refused to do anything. Now I am asking the California Supreme Court.
The court takes very few cases. It does accept letters urging it to take a particular case. If the court thinks that I am facing an injustice that is also faced by other parents, then it is more likely to hear the case. If you know anyone who is interested in writing a letter to the court, let me know and I will tell you what to do.