Help Sarah and Luke Keep Their Family Together

Hi, We're Luke and Sarah and we have two daughters Sydney-Joy (almost 5, she is Luke's step-daughter) and Ember (1 1/2).

Just this past December Sydney-Joy's father, Jacob, passed away from cancer. Sydney-Joy spent half of her time in his care and she was in her father's care when he passed. I (Sarah) wasn't notified of his death until three days later. When I was informed, I came to pick up my daughter, Sydney-Joy, that afternoon. A few hours later that day, I received a phone call from the Department of Health and Human Services alerting me of a preliminary hearing scheduled for the next day. I wondered what this hearing could be about.

All year (2023), Luke and I, along with our children, were harassed by a 'private investigator'. He took pictures of us through our window while we were asleep in our home, he followed us many times, he broke in and entered our home while we were away, and he set up a camera in our yard to video and photograph us. He is now facing criminal charges for these actions. So, that evening, my first thought when I heard 'preliminary hearing' was that it was regarding this private eye. But the mentioned 'Department of Health and Human' quickly caused me to rethink.

"Is this hearing about me?" I asked the worker on the phone.

"Yes, it's a child protective hearing." She responded.

I asked specifically "Is this because someone else wants to gain custody of my children?"

The worker responded "Simply put, yes." The worker then went on to explain that a person from the Department would come by to do a 'Wellness Check' or home visit. Nervous feelings were rising in me but confidence remained forefront. My family dealt with Child Protective Service earlier that year--a home inspection conducted and interviews of every family member. The Agency never bothered us any more than a visit and a few questions, and we never caused concern to the Agency.

The next morning approached quickly. I dropped off Sydney-Joy at preschool and took my baby and myself to the grocery store. While shopping I received a phone call from the Department. This worker, whom I had never spoken with before, told me that they were looking for me, in order to gain protective custody of my children! But we hadn't even had our preliminary hearing.... Something smelt fishy. Well, I told the agent were I was. I called my mom to quickly come and stay inside with my baby. And I went outside to the parking lot to meet the worker.

The worker put in my hand an ex-parte (emergency) order claiming abuse and neglect, written by my ex-parent-in-laws' attorney and signed by the judge that morning. I had no choice but to hand Ember to them and tell them Sydney-Joy's preschool's location. The court took custody of my children that morning. The signed petition contained a 10 page list of false allegations. There was NO investigation done on my family regarding this case. And never had there been a CPS finding that our children were in danger of harm, as the petition claimed. At the hearing that afternoon Luke and I faced my ex-husband's parents and their attorney. The judge informed us that we were not permitted to represent ourselves in court. She physically muted us (we were using ZOOM platform). She concluded by stating that our children were to be put in foster care and that the petitioner grandparents were to be their foster-parents. The hearing got adjourned for the next week.

During this time we only got to see our children twice, for one hour each session, at the Department, and supervised. Ember was despondent. She regressed in her milestones. She was no longer talking. She wanted nothing to do with me upon seeing us and acted like she didn't know Luke. It was the worst and the best hour of our week. I cannot explain the feeling and it is not a feeling one would know without having experienced it themselves.

I conjured up the money to retain an attorney. But at the next hearing the opposing attorney took the entire hearing to call on Luke as a witness. As 5 o'clock was approaching, the hearing was adjourned again for another week.

During the two weeks leading up to this third hearing, Luke and I couldn't sleep. My heart ached and hurt inside my chest. I missed my babies but even more, my babies missed me. My one-and-a-half-year-old had never been away from me before this removal, not even for a night. She was still nursing and still needed physical attachment to me for most of the day. The removal was against everything that I had done for her to have security in her relationship with me. I knew she was in agony all night, wondering why I would have left her. She slept alone and cried many hours a night without consolement (as my older daughter confided in me during supervised visitation); and there was nothing I could do about it.

At this third preliminary hearing, my attorney got to speak. He notified the judge that the day before the filing of this emergency abuse and neglect petition by the grandparents, they filed an emergency grandparenting time motion and they got DENIED it. The abuse and neglect petition was their second attempt of getting court ordered time with their granddaughter. During this hearing, the grandparents had to tell under oath that it was them who called CPS earlier that year and that they hired the private investigator. My attorney informed the judge that no other CPS investigations happened in relation to, and prior to, the filing of this order. Workers from the Department testified to this, and testified that they had no concerns regarding Luke or me. The judge was beside herself and dismissed the petition, knowing that she had been deceived to begin with. While still at the bench, she hid her face in her shirt and CRIED about the oversight she made when having signed this petition into order.

We got our kids back that evening! It was December 20th, five days before Christmas. The photo you see above is of us a few days after our kids came home. Everything was better, so much better. And we spent a couple peaceful weeks with each other without worry or concern. But now, the grandparents are taking me to court for 'grandparenting time' (their 'emergency' motion for this got denied in December but they have the right to pursue it non-emergency), still stating that there is a substantial risk of harm due to Sydney-Joy being in my full-time care and not ordered to have time with them. The first hearing occurred in March and was before a referee. The results came in, that the referee recommends that there is a substantial risk of harm to my daughter. From reading his 'findings', I conclude that he has simply taken advantage of me, as I was representing myself and made legal errors. I cannot afford an attorney. A family friend paid for the attorney in December, and we used the last of our savings to retain the same attorney again. I'm afraid Luke and I are exhausting resources. The burden of these costs is getting heavy and we need more help.

I would never have denied the grandparents time with my daughter to begin with, had they not abused the legal system to take both my children from me. But they had filed both of their emergency motions before even asking me for time with Sydney-Joy (and while dishonestly withholding her from me by not telling me that her father had died, for three days).

Our daughter has been happier since no longer having to see her grandparents. Moreover, if they get court ordered time, they may gain standing to later file to take custody from me. Worse yet they may kidnap her again and more cleverly this time. They have shown me they are anything but trustworthy. The 'legal' but unlawful kidnapping in December caused tremendous confusion and pain to both of my daughters, which they are still healing from. My older is receiving counseling and other services relating to the trauma she has experienced (plus of course, relating to her father's death). My baby's trauma from the child removal will be deeper, as she is too young to express the pain and agony that she endured.

My attorney is hoping that an objection before the judge will dismiss the case entirely, that's best case scenario. Even with the objection alone the cost is at $5000 for the attorney and $4500 for the transcripts of the previous hearings. Both costs are necessary at this point, in order for our family to be peacefully together. My ex-in-laws have deep pockets, and their strategy seems to be to keep taking us to court until we no longer have the resources to fight back. In order that government interference does not stampede my right to raise and make decisions concerning my child, we are asking for your helping hand. We are asking you to offer any amount of donations that you can. Please spread the request to those you know. It all adds up.

Thank you. May your generosity be returned to you two-fold,

~Luke and Sarah, Sydney-Joy and Ember~

Our Christmas altogether (with my parents and Luke's parents).

Luke and Ember.

Our little family.