Regardless of what he signed, they cannot override what a judge has stated. I would see about getting a lawyer involved to fight this restriction.

What does his PO say?? Can he find treatment elsewhere, that will abide what the judge says??

The judge ordered the program but the program director said he cant see my kids. So the lawyer told judge what she said and the judge said he will remove him from the program if the director keeps saying that. but the director says she doesnt care what the judge says. And today forced him to sign or be arrested. So we are waiting to see what the judge says. The PO just goes along with what the director says. Im not sure if he can go to another program.

Hello Mally.

Find the court order. If it doesn't specifically state that your Dad can see your kids then it's up to probation. It doesn't matter what the judge said it's what's written on the court order. When the judge orders treatment it's up to probation to approve where and what the treatment is. The treatment provider is working for probation.

I would work with the PO and treatment provider to work towards a plan where supervised visits would be allowed. It sucks I know....

My husband has so much trouble with probation I think they do terrible things on purpose and try to get your goat. I have begged my husband to leave this state and try for an interstate transfer but he always thinks he is getting off. Now I am going to a doctor for depression. I guess they won.. He has been on probation for over ten years and it seems to get worse. If someone has another disability they seem to feed on the weakness and enjoy it. I hope you have better luck then us.

I have to respectfully disagree with FreeToBreathe on this one. If there isn't a written order stating her father can see her children but a judge made an oral pronouncement allowing her father to see the children then it's the oral pronouncement that is controlling. Any written order is just supposed to be a record of what a judge orally ordered. If there is a discrepancy between what the judge said and the written order you can petition the court with a motion to clarify or its equivalent stating what didn't make it into the written order. If the case is fresh in the judge's memory then you'll get a new written order explicitly stating seeing the kids is allowed. If the judge doesn't readily remember then things can get complicated.
Unfortunately the only sure fire way to prove what a judge did or did not say is with a transcript of the hearing which costs a lot of money to just go out and get.

If it's already in the written order then you might be able to petition the court for a writ of mandamus or its equivalent. Basically you would be asking the judge to serve an order that specifies the PO and the treatment provider forcing them to comply with the lawful order of the court. If they continue to refuse to comply then that opens up some other avenues for relief. Even though the treatment provider isn't a public authority like a PO they still have a contract with the state and are acting as state agents so the writ should still apply.

The whole sign or be arrested is also very suspicious to me as well. No treatment provider can actually order an arrest. The most they can do is report the failure to sign something as a violation to the PO and it's then up to the PO whether or not to issue a violation which brings along a whole bunch of other procedures that have to be followed including a violation hearing. This would likely be in front of the same judge that said he could see the children and he wouldn't be violated for refusing to sign away a right granted to him by the court especially when it's a treatment provider demanding he sign this right away. A provider is given a lot of power over somebody on paper but it does not extend to overriding judicial orders.

I had a plea deal.... There was no transcript...

Whats on paper is he is not aloud to have contact with anyone under 18. But he asked the judge if he could see my kids and he was fine with that. But the director said no and even said she doesnt care what the judge said. So he told the judge what she said and he said he will remove my dad from the program if she continues to try to override him. The judge was very upset that she was trying to do this. We are still waiting to hear back from the lawyer. He was suppose to talk to the judge today.

Something is very strange. No one can override a judge!

They keep going back and forth trying to override each other. The judge ordered the program but the director said she would kick him out if he saw my kids even if the judge allows it. They cant get anything straight.

The director of the counseling does not answer to the judge. The PO must get involved.