butwhatif?
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"is not clear and convincing evidence that the alleged acts of abuse occurred."
my bold and italic...I am sorry to keep repeating myself, but if you have not been through this, you do not know how black and white the law is vs. this type of stuff. The judges have seen it all in manipulations and machinations in divorce...the more high end, the more likely I suppose. If the GAl, or Social worker or whatever made the recommendation that the father was stable enough to have unsupervised visits, Mom's choices were to be in contempt of court where an officer of the law would enforce visitation, or to hope for the best. The outcome was going to be the same unless she ran and hid. If the courts do not see clear and compelling evidence of danger, they will not grant the RO.
In MA they just tightened up the criteria for receiving a RO because of it's overuse in cases where it is not warranted and is filed for ulterior motives. Bravo, until a scenario like this one arises and the judge looks at the plaintiff and says that their hands are tied....
Sadly there are too many parents out there who make false allegations against the other parent in custody battles, and its normally about revenge- not the childrens safety and wellbeing....so how is the court to know if a particular case is truely about revenge or safety for the kids? Its normally a 'he said, she said ' situation.
People need to stop using their children as pawns, and wasting court time, and put the kids before there own hurt feelings, so that the ones who are being honest, (like in this case) are taken seriously.
The doctor who assessed the dad and claimed he was a low risk to the children as long as he continued taking his meds- did he order that the dad be tested regularly to ensure the meds were being taken?
"After that, however, Amy Castillo said he had refused treatment and was driving around the country, living in his car and threatening to kill himself."
The above snip shows that this man was not eager to get treatment so he could be well in order to care for his children. Why would the doc trust that he would?
Just not good enough IMO.