I had my kids taken out of my custody by my ex husband with an order of protection that he filed with the judge that handled our divorce. I was not present in the court or had any idea that my ex was filing this against me. The judge took my ex's word alone with no other evidence that I was abusing my kids. In previous court hearings my ex has come out to the judge and admitted to being mentally ill but the judge did not go back into the file to see this before he issued an order of protection against me. After having my kids removed from my home a GAL was apponted to the case and all of us were interviewed. On the day of the next hearing to see if I would lose my kids entirely the GAL asked to see the judge in closed quarters with our lawyers and told everyone that my ex was crazy and that none of his allegations were founded and that while he may believe that these things happened in his head there was no proof that could be found from my kids or other people that were interviewed ( doctors, therapist, teachers). My exs lawyer asked him to drop charges and he refused so in front of the judge he asked to speak and he really proved at that point how ill he is by rambling on incoherently and so on. The thing is is that this judge with no other info except my exs word took my kids out of my house by police escort for three weeks with no contact with me and had the kids tramautized by the whole scenerio. I never got my due process and while the kids safety was the main issue for the judge he never gave me a chance to tell my side like my ex is a loon and has been hospilized for mental illness many times. Can this judge be brought up on charges? It is not like he did not have the info he just never looked into our file to retrieve it.

I had my kids taken out of my custody by my ex husband with an order of protection that he filed with the judge that handled our divorce. I was not present in the court or had any idea that my ex was filing this against me. The judge took my ex's word alone with no other evidence that I was abusing my kids. In previous court hearings my ex has come out to the judge and admitted to being mentally ill but the judge did not go back into the file to see this before he issued an order of protection against me. After having my kids removed from my home a GAL was apponted to the case and all of us were interviewed. On the day of the next hearing to see if I would lose my kids entirely the GAL asked to see the judge in closed quarters with our lawyers and told everyone that my ex was crazy and that none of his allegations were founded and that while he may believe that these things happened in his head there was no proof that could be found from my kids or other people that were interviewed ( doctors, therapist, teachers). My exs lawyer asked him to drop charges and he refused so in front of the judge he asked to speak and he really proved at that point how ill he is by rambling on incoherently and so on. The thing is is that this judge with no other info except my exs word took my kids out of my house by police escort for three weeks with no contact with me and had the kids tramautized by the whole scenerio. I never got my due process and while the kids safety was the main issue for the judge he never gave me a chance to tell my side like my ex is a loon and has been hospilized for mental illness many times. Can this judge be brought up on charges? It is not like he did not have the info he just never looked into our file to retrieve it.

No, he cannot. No where in your post do you indicate why you didn't know about the court date.

Unfortunately, no. You did get your due process because your children were returned to you and they investigated everything to find out the truth. Yes, it took 3 weeks which seems like an overly long time to all of us. Because of the number of cases, 3 weeks is actually a short time in the eyes of the courts.

Sorry that they needed to go through this. Did you file against your ex for false reporting? That may really be the only thing to do since it is illegal to file false reports.

No, he cannot. No where in your post do you indicate why you didn't know about the court date.

I did not know he was filing an order of protection because he filed an emergency order and I did not have a lawyer to defend me. I hired a lawyer and he said that if I had a lawyer the situation never would have happened. Basically, I had my kids removed because I could not afford to keep paying a lawyer after the divorce ( I am financially supporting my kids alone). My lawyer said in front of the court that I should have been given more time to respond because of not having a lawyer opposed to having the situation expidited. The judge in this case is stepping down. He feels terrible for what happened and has asked to be transferred.

Unfortunately, no. You did get your due process because your children were returned to you and they investigated everything to find out the truth. Yes, it took 3 weeks which seems like an overly long time to all of us. Because of the number of cases, 3 weeks is actually a short time in the eyes of the courts.

Sorry that they needed to go through this. Did you file against your ex for false reporting? That may really be the only thing to do since it is illegal to file false reports.

Unfortunatley, my ex has to establish a pattern of false reporting and even then because he feels that he what he is saying is the truth it will be hard to get a judgement against him because he is ill. My ex has again called the police by dialing 911 stating that I left the kids alone in the house. We had a court date the next day and the judge said to my exs lawyer if he continues he will lose all visitation because my son answered the door and started to cry because he thought he was being taken away again. The whole situation is sickening

You said that your ex has an "illness". I wouldn't necessarily consider the situation "sickening" if he has a mental problem that needs to be treated.

My opinion.

It's one thing to have a mental illness affect a situation and it's another thing to allow it to continue.

Many states are now realizing that it is best for the patients when they are properly treated rather than allowing them to suffer or to cause harm to others. See if there is a way you can push him into treatment as a requirement.

Here's one non-profit organization I found that may be able to point you in the right direction: http://www.psychlaws.org/

I like to grade the different resources I have, so if you go through their site and find anything good or bad, please let me know.

You said that your ex has an "illness". I wouldn't necessarily consider the situation "sickening" if he has a mental problem that needs to be treated.

My opinion.

It is sickening because he has been diagnosed and treated and makes the decision to stop taking his meds when he starts to feel good. He can lead a normal life but chooses not to. I used to have empathy for him but now I just feel sorry for my kids.

It's one thing to have a mental illness affect a situation and it's another thing to allow it to continue.

Many states are now realizing that it is best for the patients when they are properly treated rather than allowing them to suffer or to cause harm to others. See if there is a way you can push him into treatment as a requirement.

Here's one non-profit organization I found that may be able to point you in the right direction: http://www.psychlaws.org/

I like to grade the different resources I have, so if you go through their site and find anything good or bad, please let me know.

Thanks for the info and I will definately look into this as my kids love their dad and it is best for them when he is stable.