Arbitration BEFORE Parental Rights Termination
From the very first day that the state is involved in court proceedings against you for “neglect or abuse” you can create a conditional contract that is binding. The earlier that you do this, the better.
Every thing that they do with you is a CONTRACT. The safety plan, the case plan, ….anything you sign is a contract. Even when you go to court you are entering contracts. When you stand up when the magistrate enters the room, when you plead, when you answer the “judges” questions, and when you do not object to orders given.
They understand the power of contracts and use that power on a large scale.
The good news is that you can use that power too. A contract is a “private” matter and the state statutes and “laws” do not govern it. Nor can they get in the way of your entering into agreement in a contract.
Arbitration is your best friend in this matter. When you write an arbitration clause into your contract, you are taking the power away from a biased court, state, agency or person.
As an arbitrator, we are only concerned if the contract is valid, enforceable, it’s terms are reasonable, both parties are in agreement either through acquiescence of the other party or a signature while NOT under duress. We don’t really care what it is about, as long as it is not something that is against the law. (If it is, we must report it.)
Because of the time constraints of how long a CPS case can last before it changes course to head for termination of parental rights and adoption, you must get started early.
- Served the state, or agency your conditional contract AND
- The time you have allowed in that contract before it went into default has gone by, AND
- You have served them with a Notice of Default and Certificate of Non Response and Judgement, AND…
- BEFORE your parental rights are terminated
THEN you can bring it before arbitration IF you had an arbitration clause in that contract.