“It's just painful it makes no sense,” says Olubunmi Giwa.

The Giwa's are not the kind of parents who come to mind when you think Child Protective Services.

“They're well educated they are hardworking people the mom actually has a PHD in special education dad works for an energy company here in Houston says attorney Jon Parchman.

The couple says they know their 19-month-old son is not developing like he should but say they've never gotten a medical reason for his developmental delays and say they've never denied him medical treatment.

This medical document lists his diagnosis as “failure to thrive lack of normal physiological development.”

The reason?

The document states, “unspecified.”

“It hurts knowing he's that way if we could fix it we would,” Giwa says. “We've done therapy we've seen a lot of doctors.”

In court documents CPS admits the reason for the boy's developmental delays are not known but still that state agency is accusing the parents of medical neglect.

“My clients had taken their children including Ali to the doctor multiple times and followed up with physical therapy for Ali in the United Kingdom.”

While in that country working on her PHD Ali's mom says she had a disagreement with a doctor over when breast feeding should stop and that doctor reported her to social services.

“The social services over there requested to withdrawal their case and the judge granted that,”Giwa says.

But in court documents CPS accuses the mom of “moving whenever the child needs follow up testing and left the U.K. with the child without follow up medical treatment.”

But the parents' attorney says CPS offered no specifics in court to back up that allegation.

“They would say oh it's based on a report here or a report there and you never could pin down where they got their facts from or what happened,” says Parchman.

As for the medical neglect the attorney says CPS's only witness in court was a doctor who never saw the boy or talked to the parents.

“The most they really got was the hospital room was a little dirty that was the extent of what they proved in court,” Parchman says. “The judge said so you've proven there's a dirty hospital room that doesn't get us to danger in returning the child home.”

Still the judge ruled in CPS's favor granting them temporary custody and only allowing the parents to see their son for one hour twice a week.

“It's horrible he's never been without us he's my baby the entire family is a mess because of it we can't function,” Giwa said.

“Just let us be in Ali's life,” Ali's father Ahmed Giwa said. “Don't take Ali away from us.”

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