Los Angeles Superior Court Judge Michael Levanas issued the ruling after considering a report by child protective investigators that was critical of Winter's mother, Chrisoula Workman. The report found there was evidence of emotional abuse toward Winter, Levanas said, and the agency planned to step in and take its own action if Winter did not remain in a guardianship.
The ruling comes more than six weeks after Workman was temporarily stripped of custody amid allegations she had been physically and emotionally abusive to Winter.
Levanas said the investigators' report found that claims of physical abuse were inconclusive, but an attorney for Winter's sister said they could be proven in a subsequent report. The judge set a Dec. 12 trial date to determine whether Winter should be placed in a permanent guardianship.
Winter has been under the care of her sister, Shanelle Gray, since early October. Levanas said that if the case remains in his courtroom, he will make sure the family works toward reconciliation.
"I guarantee if it stays here, it will get better," the judge said. He said the Department of Children and Family Services could still chose to file its own case, which would remove it from his jurisdiction.
Winter's mother has denied all accusations that she was abusive to her daughter.
Winter's father, Glenn Workman, also filed an objection to the guardianship late Monday, stating he wants a better relationship with his daughter and would be willing to care for her.ade into the messy family dynamics of teen actress Ariel Winter and determine whether the Modern Family star should stay away from her mother, who has been described in court filings as physically and emotionally abusive.
Original story:
At a hearing Tuesday, Superior Court Judge Michael Levanas will consider whether the 14-year-old should continue living with her sister, who has temporary guardianship of the actress.
The judge will have more information to consider than he did on Oct. 3, when he temporarily stripped Chrisoula Workman of custody of her daughter. Workman has denied all accusations of abuse and filed more than two dozen declarations from friends, acquaintances, stylists and others who say they've never witnessed any abuse.
MORE: Winter's mother denies abuse allegations
Winter's father, Glenn Workman, also filed an objection to the guardianship late Monday, stating he wants a better relationship with his daughter and would be willing to care for her.
Winter has been in the care of her adult sister, Shanelle Gray, who was removed from Chrisoula Workman's care in the 1990s amid accusations of abuse. Chrisoula Workman contends Gray was a rebellious teen who left home and that she is contending with a similar situation with Winter, who has been acting since age 7 and currently stars as Alex Dunphy on the hit ABC series "Modern Family."
People on the show's set are concerned about Winter's wellbeing and have been sneaking her food, according to in-court statements by Gray's attorney, Michael Kretzmer.
Gray's filing states Chrisoula Workman has repeatedly slapped Winter and engaged in emotional abuse, including name-calling.
"The allegations made by Ariel are false," said Chrisoula Workman's attorney Anita Gumm. "We really feel she's just a rebellious teen and wants her independence. It's our hope that the court terminates the guardianship. Both parents want Ariel home. Shanelle is not suitable to be a guardian."
Glenn Workman's filing Monday does not address the abuse allegations, but states he believes his daughter should be returned to live with Chrisoula Workman, or that he be allowed to raise her.
"I want to provide for her a calm loving home environment that is a retreat from the glitz and glamour of Hollywood; a place where she can think and relax without any distractions," Glenn Workman wrote. "This whole situation has turned into a circus and places Ariel in a position she should not have to be in."
Kretzmer declined to comment on Glenn Workman's filing.
He has previously told The Associated Press that it is unfortunate that the case became public, but that Winter was removed from her mother's custody for good reasons. "The court granted a temporary guardianship, and I think any rational person will realize that the court simply doesn't see the sky falling but has some basis for granting a temporary guardianship," he said last week.
During a contentious court hearing Workman lashed out at Gray, called Kretzmer a moron and accused Winter of screaming her and hitting her.
"I think what we've got is a situation that's not healthy, at least for a temporary ... basis," Levanas said in early October. He ordered child welfare workers to conduct an investigation and appointed an attorney to represent Winter's interests.
Workman's attorney has also scheduled a deposition of Gray for early December, and a review of Winter's finances will be conducted. Currently, Gray has no access to Winter's money, some of which should be in a special account meant to protect the earnings of child actors.
Gumm and Workman have cited Gray's finances as a reason why she should not be granted guardianship of her sister. But Kretzmer denied last week that money was an issue in the case.
"There's no truth whatsoever to Shanelle obtaining this guardianship for purposes of advancing her career or for some other personal gain," Kretzmer said. "Shanelle is successful and has done very well in her own rights. This is a tragedy for her, too."
Winter has been acting since age 7, appearing in several TV series, including ER and Phineas and Ferb, and movies such as Kiss Kiss Bang Bang, Ice Age: The Meltdown and ParaNorman.
Sourche: http://www.usatoday.com/story/life/people/2012/11/20/modern-family-ariel-winter/1716363/?morestories=obnetwork
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