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Hi everyone, welcome to another Family Law Matters. I’m Dr. Michael Mantell, joining Bonnie Rabinovitch-Mantel, who is the owner and managing partner of the Primus Family Law Group. Hi, Bonnie.

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Hi, Michael. How are you doing today? Very well. I hope you and your office mates are all doing well.

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We’re doing okay. Great. So today, Bonnie, we want to talk a little bit about something that concerns most people, and that’s the well-being of children, especially going through a divorce.

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Couple has divorced, and you begin to notice some things about your child when he or she is with you. And you begin to dig deeper, and you realize there’s some real legitimate concerns about what the other parent is doing, and maybe even going so far as to say being abusive or harmful to that child. What is that parent to do? First thing you can do is you can call the police for a welfare check.

Second thing you can do is call child welfare services for a welfare check. Third thing you can do is bring your child to, if you really do suspect physical abuse, definitely call the police, but also bring your child to Rady’s Children. They have a great department that deals exclusively with such sensitive topics, and they’ll be able to determine if this is going on.

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And they are mandated reporters, so if they do suspect that your child is being abused, they will call CWS, Child Welfare Services, and the police. Your next step is, if you have this evidence, is to seek an emergency court order for sole legal and sole physical custody until CWS can complete its investigation. If CWS believes that there’s something going on, they will give you what is called a safety plan, which is a plan so that you can go to court and say, hey, CWS is telling me that I need to get an emergency order, or I’m also endangering my child by leaving the child with this other person.

Now, obviously, these are extremely serious consequences that is going to uproot the other side’s entire life. So, we always caution the difference between doing what you are doing for your child’s best interest, because your child is in an abusive relationship, or doing something because you may want an advantage in some sort of custody or support situation. I am not saying that those who are listening to me out there are saying that that’s what they’re going to do, but only too often after 25 years of doing this, we see that people try to play the system.

Do not do that with your children. You will break them, and that kind of broken is not something that they get over, ever. So, if your child’s being abused and you have proof, or you really suspect it, police, CWS, court, great.

Otherwise, get some therapy and also therapy for this child. Right. Bonnie, what if the child says, Mommy or Daddy, I don’t want to go to Daddy’s house or Mommy’s house, and the kid tells you, I don’t like it there, they hurt me there, whatever it may be, and it’s now time for drop-off? Well, no, it wouldn’t be time for drop-off.

If your child comes to you with a disclosure of abuse, your immediate step is the police and going to emergency hearings to protect the child’s safety and welfare can be done within 24 hours. So, you can literally go to court within 24 hours and request emergency orders, and if you meet that threshold, the court will order it so you do not have to exchange the child. That’s the point I’m making, that the other parent comes to the door and says, the kid’s coming with me, and you have the obligation, the responsibility, the backing to say no.

Nope. And if people want information about this and get some more backing from you, Bonnie, at Primus Family Law Group, how can they take advantage of your expertise and be in touch with you? Well, they can reach us directly, 619-574-8000, and you will be put on my calendar for a free 30-minute phone consultation. And then, if you can’t do it that way, you can reach us online at www.PrimusFamilyLaw.com, and there’s a form to fill out, and we call you back within 24, 48 hours the most.