I believe my ex is using DHS to create problems for me, what can i do? [closed]

Question

I have recently received a visit from child protective services. The visit was due to a report of possible neglect regarding my youngest child. I am confident after speaking with the social worker that this will be closed and deemed non-founded within a weeks time. I understand that reports are made anonymously and the identity of the reporter cannot, under any circumstance, be released. I however do not need it to be. I know it was my ex who reported. we are currently in a custody battle, and things have not gone in his favor thus far. However there has been a huge problem, the sheriff accompanied the social worker. that fine, i understand the need to do so. However we live on company property. The day after the visit my husbands employer told him this type of thing could not happen again. It looks bad on the company and if it happens again my husband will loose his job and our home as well. i am confidant that i have nothing to fear from the matter of DHS or anything of the sort. But I am also positive that my ex has discovered he can make my life troubled, by making reports (even non founded ones) to DHS. is there anything i can do to prevent my ex from costing us our home and my husbands job by making false reports, thus sending more police to our home for no reason at all?

Answer 1

is there anything i can do to prevent my ex from costing us our home and my husbands job by making false reports, thus sending more police to our home for no reason at all??

Many laws are similar across states. Thus, in your jurisdiction there might be a statute akin to Michigan's MCL 722.633(5), sanctioning "[a] person who intentionally makes a false report of child abuse or neglect under this act knowing that the report is false".

Since the sheriff got involved, there must be a police report reflecting that. You might want to approach the general attorney or police so as to proceed in accordance with the remedies provided by statutory law.

The day after the visit my husbands employer told him this type of thing could not happen again. It looks bad on the company and if it happens again my husband will loose his job and our home as well.

Although the incident from the false report evidently harmed your husband's reputation with respect to his employer, suing the false accuser at this point in time unfortunately seems a long shot. That is because the court would conclude that you have not suffered special damages. Likewise, applying the current case law, a finding of defamation per se would be hard to establish under the circumstances.

(Note: I am not knowledgeable of child custody laws, so I am not aware of whether the false report bears any relevance in family court)

However, if you or your husband suffer any losses as a result of unjustified actions directly or indirectly caused by the false accuser, he (the false accuser) would be liable for defamation and/or tortious interference with employment relation. The concept of losses not only includes termination of employment, but also other detrimental effects such as demotions and any new costs derived from having to move out of company property.

If the false accuser is aware of the link between your home and your husband's employment, a claim of tortious interference will be more evident because that awareness is one of the prima facie elements of that claim. (For more info on the prima facie elements of a claim, see leagle.com)

Immunity does not protect a person who makes reports that are knowingly and intentionally false. By law, the court can always order the agency to disclose the identity of the person(s) who made false reports that the agency determined were unfounded. See Michigan's MCL 722.625.

Answer 2

Talk to the attorney you have for your custody situation. If you don't have an attorney, find one. Google for free or low cost legal aid in your city or state. If you don't qualify due to income, they can make referrals.

You need an attorney to deal with the X (and their attorney), to carefully appraise your husband's company about the situation, and to interface with DHS and the state legal department, if needed.

The idea is not to threaten your X with legal action, or your husband's company if he is fired, or to push back against DHS; the idea is to be sure you (and your husband) don't do any of those things yourself, while making sure all parties know you are prepared to defend your position with legal representation, if needed.

I'm not going to try and predict or advise what might happen if DHS visits again, or your husband is fired, or your custody fight gets worse; that could be legal advice, which is off-topic here (and illegal). You need to deal with your own attorney.