Ok so bear with me because this is somewhat of a long story.... In December 2018, a family court judge granted an ex parte request filed by my son's father, for emergency custody, claiming I was a drug addict. He did not include any evidence of this allegation. Nor did he tell the Court that we already had a permanent custody order from another county, or that I had DVRO against him or that he is 100% disabled due to combat related mental disorders. He was violating the custody order at the time he filed and he did not serve me with any notice of his request.

Until my son was 3 years old, I had sole custody and his dad never had him alone before that. My ex is abusive and violent and our son was 3 1/2 mon premature because he tried to push me out of our car on the freeway when I was 6 1/2 mon pregnant. He is a dangerous man, an ex Army Ranger and he was tormenting me the entire year prior to this order because I had left him and was engaged and trying to move on with my life while still co-parent with my abuser. None of this has mattered to anyone in my case for the last 3 years and now my son is in the hands of the man who almost killed him before he was born, and I am certain he is now the target of that same abuse I suffered for all those years.

I submitted my DVRO, negative drug test and told the judge I was never served with notice until the order was granted. I asked the Court to apply the DV statute and hold a full hearing but that hearing never happened. For 3 months my ex stalked me, withheld visitations making me go to his house alone to see my son. He threatened to kill us both and I believed him. They are not allowed to prosecute a DV victim who violates a custody order to protect their child-not in criminal court anyway. DFCS took my son from me after his father was arrested for attacking my father when I took my son. THey then made him a ward of the state based on my violation of that temporary order. For 18 months I was considered a danger to my son for "absconding" with him contd...

Under the family code, my ex is not allowed to have custody because he has been found to have committed acts of domestic violation within the last 5 years, by a court of law. The family code lists specific ways that he can rebut the presumption that it is not in the child's best interest to be placed in his sole custody, and the judge has to issue specific findings in order to grant him custody. This never happened. My lawyer requested the court apply the statute numerous times, requested a full hearing numerous times and it never happened. The order violated due process since I wasn't served and I was never given a meaningful opportunity to be heard and defend myself before my fundamental right to the care and custody of my son was infringed on by the court, which I believes makes the order legally void on its face.

I want to get the initial order and all subsequent orders voided because after DFCS took my son, the Juvenile Court interfered with the exclusive jurisdiction of the family court, adjudicating my son, ordering secure supervised visitation for 18 months based on my non-compliance with DFCS. They ignored my ex's blatantly textbook abusive behavior and denied me custody, placed my son in his sole custody and dismissed the case. For 18 months, 3 appointed lawyers refused to file my declaratory relief motions, refused to argue the initial order was void, refused to file anything I told them and now the case is back in family court and they are once again denying my motions to apply the law properly and let my ex take my son 2000 miles away. How do I get this entire thing voided and get my son back home? I've never hurt my son. I never neglected him. I was abused for years and tried to protect him and now, I know in my soul his dad is abusing him and I can't protect him. I have only seen him for 8 hours total in the last year since he was given custody. I have weekly supervised video chats. He still begs to come home. What do I need to file to get force the trial court to follow the law?