Tyrese Gibson is now under the microscope of the L.A. County Dept. of Children and Family Services over claims by his ex-wife and baby mama that he spanked his 10-year-old daughter so hard she couldn’t sit. Spanking by itself is not necessarily abuse because some family use spanking as a form of discipline. However, times have changed and spanking your child repeatedly or too hard can be considered a form of child abuse. Gone are the old days when a parent could physically punish their child freely and without any consequence to their actions. Nowadays a spanking can be reported to child protective services. They will immediately start and investigation into these actions. The first people that are investigated or interviewed are of course the child. In Juvenile Court the child has tremendous weight in determining how to proceed with the prosecution of any abuse. The social workers doing the interview are highly sensitive all the children who are interviewed. The parents then are interviewed and are secondarily important to the whether charges are filed in juvenile or criminal court.
Tyrese and Norma Gibson are in a court battle … Norma’s trying to get a permanent restraining order prohibiting him from physically disciplining their kid. Norma is trying to seek a domestic violence restraining order which she can get in family law superior court. This is not the same as a juvenile court order nor is it a criminal restraining order. It has lessor implications than juvenile court and criminal court. However, if Norma succeeds in getting a restraining order for her child Tyrese will have to follow it. Any violation of a restraining order can cause Tyrese to be arrested and charged with a crime, violation of a court order.
She also wants full physical and legal custody. She’s worried Tyrese will take their daughter to Dubai, where he has business ties, and not come back. She also wants Tyrese to take domestic violence courses. Again, filing for fully custody or a modification of the prior custody order will take place out of juvenile court and land the parties in family law court. Normally the judge will have to decide the case based on the best interest of the child standard. There are many cases where one parent is fearful of the other parent kidnapping the child by leaving the country and not coming back. Often to avoid problems the Court can make a restriction on the travel of the child outside the country. But in more and more case because of the Hague Convention and the international kidnapping laws awareness Court will allow a parent to leave the country. This happens quite often if a parent wants to visit relatives in foreign countries.