family court order

[fedupin ny]

Here is my situation. My parents had temporary custody of my two children for 8 months. Prior to that any contact between them was initiated by me.The kids came home in March 2007 & in Aug. 2007 my parents took us to court for visitation . The court awarded 3 hrs per month because of those 8 months. I tried having the order modified with stipulations but was told I couldn't until I had the signed copy by the judge. The Law guardian assigned was suppose to put a stipulation in the order that my brother & his wife were to be no where near my children (because of physical abuse to the kids). I have been trying to get a coy of this court order since we went to court last (Oct. 2007). My parents had visits in Nov. & Dec 2007. The beginning of Jan. 2008 I learned my brother was living back at my parents' house (where the visits are suppose to take place. I spoke with the law guardian& told her he was living there & I would not be taking the kids down there for visits with him living under that roof. At that point nobody had a copy of this order yet. I received a petition to go back to court on 5/12/2008 or vilation of cout order (meanwhile I still had not received a copy of order. Neither had my lawyer's office). The petition states that I failed to obey said order by not answering phone, not returning phone calls & when THEY contacted me (on 3/16/2008) I told them I would call. Anytime I answered when they call (when I'm home at the time) I got harrassed by my father. Between December & now, the onl time they have called was to wish my son a happy birthdy (we were not here at the time of call). Does that now legally warrant a return call? As far as on the 16th of March they were able to talk to me because they were invited to my daughter's birthday party. They asked about visitation on a certain weekend & I told them I wasn't sure what was going on that weekend yet so I couldn't giv them a definite answer. I have not heard from them since them. Over a month later. I FINALLY was able to get my hands on a copy of the order this morning (the court convienently was able to locate it). Now, according to this order & I quote "grandprents' will provide return transportation home (I have t drive them down there) & will have no contact with the children's parents". Also that no oter people will be present during these visits, & that the matter will be reviewed following 2 visits. Which they had their 2nd visit in Dec. 2007. It's dated 12/10/2007. Supposingly this was mailed to both lawyers & the law guardian. I spoke wih the public defender's office on Monday & they still hadn't received anything. Any advice on what my next step should be? There are reasons for me not wanting my kids around this woman (my mother) but the courts don't want to hear any of it. Thank for any help.

[tbyte]

The clerk of courts would have mailed the document to both attorneys. The clerks are generally pretty reliable about this stuff, so I would guess that it is your attorney who misplaced the court orders and let you down.
Your next steps should be to follow the court orders, and notify the court/guardian if there is a situation that exists that is detrimental to the children.

I tried contacting the court, my laywer & the kids' law gurdian for the last 6 months. NOBODY supposingly had a copy of the order.The law guardian was notified back in Jan. of the situation & did nothing about it. I spoke with an investagator at he public defender's office Thursday. He said if it's only the brother issue it seems pretty cut & dry. But he's not sure if we qualify for a public defender. That's up to the court. So I won't know until the 12th when I get to court.