I am the mother. The child is 12. My husband and I had a falling out with family. I have an OOP on my father's brother, and he has one on me. After the last hearing they were upset because the judge told them they were mistaken if they thought the civil standby he set up settled anything to do with our property (not real property) . They have already sold and taken our property that was at my uncles based on what they thought the judge said. We lived there for two months and were kicked out with less than a days notice. Reason being "stress". Later found out my father and uncle had opened a Dr. bill that was sent to my parents. The bill was for ongoing care to a pain specialist for my husband. Since they took everything we owned they were able to also get into our medical records. There is a drug test from a hospital. I kept it because It showed no pain med's in my system (1st time in 11 years) however, it does show a drug I used for a week to get off the pain med's over a year ago.
Oh, good grief. Unless they had permission to open your mail, this a federal charge of mail tampering as well as an inherent violation of privacy claim that you could potentially pursue against these people, not to mention the eviction irregularities and your civil rights and property rights violations.
I have heard through other family they are looking into getting the ex-Parte hearing to get custody. Since being kicked out we have lived in hotels. My child is enrolled in an AZ school. They are trying to find out where. This has gotten very nasty. We have been told we may be able to bring a defamation suit against them. But for now, I only care about making sure they do not cross a line and touch my child.
You were told correctly, you have a potential defamation as well as an invasion of privacy suit against them. In terms of pursuing you for custody, they would have to show that you are somehow 'unfit'--unfitness may be based on a history of abuse, neglect, domestic violence, drug use, alcohol abuse, criminality, moral turpitude, and characteristics of the proposed home. They would likely attempt to argue history of abuse (based on the orders), drug use, and possibly the fact that they will claim you are transients, the child has no stable place to live, and that it is not in the child's best interest. However since they obtained the information outright illegally and there is no evidence that the child is being maltreated, I do not see most judges agree or permit them to pursue this against you. It is possible, I suppose, but highly unlikely as it does not appear to be in the child's best interest especially if the grandparents themselves are potentially unfit based on their alcohol abuse and their lack of bond with the child.
One more thing...my husband, myself and our child are all seeing therapists individually to deal with what has happened in the past three months. We have also dealt with the police on a continuous basis as my uncle has tried to get me to break my OOP several times. Everyone of them involved either drinks a six pack a day, takes prescription drugs, or both. The family making the accusation has never spoken to us about it. Sorry. I guess that was 50 more things. It is a very long story. My child hardly knows my parents. We moved here 18 months ago, and they have seen him about two times in the last year.