Seven months after she was stripped of custody of her daughter, the mother of Modern Family star Ariel Winter has asked a judge to reinstate her as the Modern Family star's guardian, RadarOnline.com has exclusively learned.
Chrisoula Workman has filed new court documents in the bitter family war, claiming a Los Angeles court violated her "federal and state constitutional due process rights" in March when it extended Ariel's sister Shanelle Gray, the former One Life to Live star, as the 15-year-old's primary caregiver.
She's attempting to have the court's previous orders vacated based on "mistake, inadvertence, surprise or excusable neglect."
"Chrisoula's understanding… was that the appointments of the temporary guardians, Gray and Glenn (Ariel's father), ended on March 29, 2013, and her parental rights would be restored to her, unless the Court extended the powers of the temporary guardians only after a hearing on the merits," lawyers for Workman wrote in a filing, obtained by Radar.
"In other words, Chrisoula never agreed to have her fundamental rights as a custodial parent over her child taken away without due process of law.
"The Court's actions extending the powers of the temporary guardians, especially when the powers were extended beyond 30 days from March 29, 2013, understandably, took Chrisoula by surprise.
"Moreover, Chrisoula mistakenly believed that on March 29, 2013, at a hearing on the merits, which was to occur if Ariel was not then returned to her, that, as the custodial parent over Ariel, she could contest the appropriateness Of Gray, as the proposed Temporary Guardian over Ariel."
In a declaration, Workman told the court "I never agreed to have my fundamental rights as a custodial parents over my child, Ariel, and my control over Ariel's money, taken away from me without due process of law."
As RadarOnline.com has reported, a judge awarded temporary guardianship of Ariel – who plays Alex Dunphy on the ABC sitcom – to her sister last November after being told the teen’s mother abused her physically and emotionally.
Workman has claimed her teenage daughter’s relationship with a man, four years her senior, was the real reason behind the young actress’ decision to ask to seek emancipation.