That!!!! Under normal circumstances, making sure "extras" aren't around the child is enough. This child is asserting her mom was not only complicit but also a passive participant in her abuse. When it comes to protecting a child, there is no excuse for the videos to have not been watched, in my opinion. This poor child. Who knows what threats or guilt trips she has faced since the video. Based on the blame shifting that was exhibited in the videos, they will be lucky if that child ever feels safe enough to tell the truth again. Her huffing and puffing before her mom walked off and she finally got it out was her anxiety of getting the nerve up to let the words leave her mouth. She won't likely be able to do it again. I want to hug the poor child.
I respect the courts, but they do not always know best. Especially when they haven't even watched videos that half the world has seen. This has not been to protect the child. Inexcusable, to me. Never ever ever a reason to not protect the child! That action will have horrible consequences.
Rest easy, Gabriel Fernandez.
It's all about due process and the calendar. They would have not viewed any evidence that can't be attached to the paperwork. These are emergency hearings so they aren't scheduled on the court's calendar. They have to be worked in last minute. And other evidence is not considered because it would violate the right of the parties to notice.
However, the cops can watch the video. Heck, they were actually there at the exchange. CPS can watch the video.
I suspect there is a lot about this case we do not know that indicates some serious issues with dad. It seems like his own attorneys had to threaten him to get him to comply with something. People who are posting things online on behalf of dad are editing them to get rid of portions where allegations against dad are made. I could see something like perhaps some of the ex parte paperwork indicated that dad was threatening doctors to make a finding they could not make. Something like that.
If there is a history of dad being a "bad actor" and causing problems, the judge wouldn't be quick to switch custody without a finding by CPS or the police, or concerns being raised by the kid's attorney (and she appears to have one). And such a finding COULD occur in connection with an ex parte (emergency) hearing. For examplel, CPS is called by police. They interview the child. They take the child into state care but release to dad and tell him to file something in family court. Dad does, stating that CPS have instructed him to file for custody, or the minor will be placed in foster care. The judge would then have the ability to order the child to be with dad pending an evidentiary hearing. But that didn't happen. Why? Why hasn't CPS or the cops been on board with what the child so clearly stated?
It is hard for me to believe that the police, CPS, the child's attorney, the medical professionals and the judge have all conspired against the dad.
However, I have seen cases where a strong opinion by one professional influences all other professionals and the judge, for years to come, in a case.
I think there's history we haven't heard that would make this case make more sense. But I watched the judge. She seemed reasonable and doing what she is supposed to. And she is taking the allegations seriously enough that she ordered the mom not to allow the child around the boyfriend or any other unrelated male, pending hearing.
Let's see what happens. But I definitely need more info. A lot is missing. Orders have been made which have a basis and I would love to know what that is!