The speaker discusses a case involving a child being taken to an adult-type club by a parent, leading to changes in behavior. The speaker emphasizes the need for addressing custody and family law matters rather than seeking a protective order. They highlight the importance of proper legal procedures and evidence in determining child welfare. The judge denies the request for a protective order, suggesting involvement in family law proceedings for custody evaluation. The speaker stresses the importance of the child's well-being and the need for both parents to prioritize the child's best interests.
That doesn't just one day happen, right? It was going on before. I don't know for how long, but I refuse to believe that it just all of a sudden happened in December, and it's because of him, and because he started taking, he took her twice to what appears to be an adult-type club, and she all of a sudden went out of control. Again, he's got problems in the way he's raising his children, or not, and that should be addressed, and it should have been addressed in a family law case, and it could have been addressed in May, starting there.
Number one, get in there and actually change custody, if that's what was going on when she was with him. She did physically change custody. The child's with her now. She took care of that problem that way. But instead of coming in and asking for a protective order, what really should have been done is custody should have been modified. Believe me, I've been doing family duty all week. This is, I've had, first of all, it's the week before schools go back.
You can imagine who's all in here saying one parent or the other changed the child's enrollment, and we have to get this decided. That's my afternoon tomorrow with two different cases, four lawyers, parents who have either enrolled or unenrolled their child. It's by Friday. And they're not the first two cases I've had this week. So, it happens. These emergency motions can file all the time. Sometimes they're emergencies, sometimes they're not. This should have been taken care of in some family law case.
Instead of trying to shoehorn it into a protective order case. It's just not. This is not what this was intended to do. If I thought I needed to protect that child, and I believe there was abuse that he caused, I would enter that in a heartbeat. But, number one, you haven't proven that he's caused the abuse as defined in Family Law Code Section 5-7-1. I don't see it. I don't see that you've proven it. You certainly haven't proven a physical injury of any of these children.
You certainly, I think, don't have the evidence to establish that they've suffered a mental injury. The rest of it is all predicated upon either a physical or a mental injury. If it's out there, then I don't go under, I don't go to the next part, which is other circumstances that indicate the child's health or welfare is harmed, or is at substantial risk of being harmed. Also, the substantial risk has been eliminated because the scholar's with her.
The scholar's in therapy. The scholar's doing better from what the petitioner has told us. Mom's got this app on the scholar's phone, so if she was using those devices to do those kinds of inappropriate things, that's been controlled to her credit. She's checking the app. She's actually checking the phone. Those are all good things. It gives me some greater level of confidence that there is some control being exercised over this child. It's a perfect situation for a judge in a family law case to determine whether there should be some modification of the facility.
I'm not, again, saying that I think the father's behavior is in any way smart or in this child's best interest. It doesn't appear to be, but I don't find abuse that has been established here. Based upon those findings, I'm going to deny the request for a final protective order. I'm going to strongly recommend that one or both of you get yourselves into that family law case and get this before a judge who can order a custody evaluation, who can have more ability to delve deeply into this.
Lawyers can have more time to prepare and be able to gather evidence. Again, I have some greater level of comfort because the child is with her mom right now. And if dad thinks he needs subsidy or access more than what he's had, he knows where the courthouse is. He was able to file himself a petition to modify subsidy, but he hasn't bothered with it. That's his problem. So, I can't tell you that it's okay that he doesn't have access, but you've got to do what you think is best for the child at this point.
And he's not doing what he should be doing with the child as far as that part of it is concerned. So, again, I'm going to strongly recommend that you all take appropriate action in the family law case and get some order in this dysfunctional situation and get this child, continue to get this child the help she needs. She's at a very vulnerable age and I can't imagine how difficult it is for a teenager in Montgomery County in 2025, first of all.
And perhaps even more so a female teenager in Montgomery County with all the pressures, all the stresses that are put upon teenagers, particularly girls, to have a certain look, to act a certain way, et cetera. Good luck. She needs two parents that are really doing what's in her best interest. And who can put aside their own personal disputes to make sure she's cared for. Specifically as to the others, if we move beyond Skyler, I find that there's no injury, no physical or mental injury that's been established at all as to the other three boys.
So, Skyler is a closer call, but I find that there has not been abuse proven because there hasn't been established if there was a physical or mental injury that the respondent caused to the child. So, I'm going to benignly request for a final statement on this. Thank you very much. You're on. You're on. Counsel, please make sure that appearance is entered as properly as possible. It's already entered in my mind. I'll go right to it right now.
I strongly recommend that you not come back into my school without an appearance being entered in the case. You have my word, Your Honor. I apologize again. Thank you. All rise.