Family Law Questions? Ask a Family Lawyer Online.
Yes the child protection services must remove the child if they suspect the claim has any merit. If they fail to do so they can be held liable for their mistake if anything happens to the child.
Once in court the agency will be required to show proof that the child should be removed and kept from the home. At this time the parents can submit any proof or evidence that the allegations are untrue.
Then it is up to the judge to decide what to do. Keep in mind social services will seldom remove a child unless they are positive some type of abuse is going on. They do not want to open them selves up for trouble in the courts.
I am sorry, I wish I had better news.
Take with you any witnesses you have to mom and dads creditability. Notes from the child's doctor confirming there has never been any suspicious marks or bruises. Proof the neighbor has caused problems in the beginning.
Keep in ming the social service worker will be required to show proof there is abuse......the judge is not going to permit the child to be kept from his parents without proof of abuse.
If there is no proof then the child will be returned. I am sorry, for this situation and I wish you and your family the best with this situation.