Family Law Questions? Ask a Family Lawyer Online.
You absolutely do need to file a response otherwise the judge is more likely to side with CPS on this issue. It really just depends on the judge but most judges do defer a lot to what CPS is asking for, so you need to have a good explanation for the circumstances of what happened. I think it helps your case that no criminal charges were filed, but again it is hard to predict how your particular judge will view the situation.
Yes that evidence would help you.
You would add it as an attached exhibit to your answer.