Does a CPS investigation set aside an order of the court?


My ex wife is being investigated by CPS and I have visitation for the summer. Can I pick them up without being charged with obstruction of the process?



First, let me preface my answer by stating that I am not licensed to practice law in Delaware, so I am unable to provide you with any specific legal advice as it relates to your question or any issue in relation to your case. You should seek the advice of an attorney in your jurisdiction prior to taking any action in your case.

In most states, a CPS investigation does not set aside an order of the Court. So if the Court Order provides that you are to have visitation for the summer, then you should proceed as the Court has ordered until the Court orders otherwise.

You should speak to an attorney in your jurisdiction with regards to your duty with cooperating with the CPS investigation, especially when you have the children in your care.


Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

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One comment on “Does a CPS investigation set aside an order of the court?

    I was married to a narcissist for 26 years, ever since the beginning she’d go out and not come home for 3 or 4 days at a time, we have two children, a 17 year old autistic son and a 22 year old daughter, even that didn’t stop her frequent disappearing. So we moved from the city to the country, thinking it would be the solution, maybe it was the crowd she was hanging with? To no avail, in fact it only kept me isolated, easily manipulated and desocialized. The perfect storm for a narcissist! Over the years she treated our daughter like a slave and wouldn’t let me participate in the upbringing of our son, I couldn’t even teach him to ride a bike! Naturally my daughter moved out the day she turned 18, and my exs attentions were directly focused on me, I was the new slave and as I started sticking up for myself she became more and more aggressive, I didn’t know at the time she was a narcissist, as I do now through research, or how dangerous she was. She would come home after her usual 3-4 day runs and as to be expected I’d be angry, secretly she started recording me and provoking me to the point of violence, on both our parts, she’s broken my nose twice, fractured my jaw, I have a permanent soft spot on my head where she liked to hit me with the frying pan several times, after about a year of this physical abuse I did what I never should have done, I struck her back, she has recordings of these incidences, photos too, she’s even go as far as to record me “raping her”. Listen I take full responsibility for my actions and am willing to admit my faults, but I’m no rapist or wife beater, I now know I was baited, and provoked to fall into her narcissistic plan. She’s taken over my property to cultivate marijuana with who I suspect to be heroine addicts, and have gotten her dependent on them, as our property is very valuable due to the fact that it’s in the emerald triangle of California and ideal conditions for growing. She’s become in contempt of the court by delaying any sale of said property, even though the default states no one other than she and my son can reside there. They buried at least half a ton of trash in my front yard with a tractor, tore up the electrical box and main line, collapsed the septic and are in the process of cutting down all the trees on my 10 acre property to sell for firewood! What can I do to protect myself and get what I’m meant to out of my property? I need to be able to rescue my son from such squaller! This is my only hope!! Any advice will be greatly appreciated.’

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