Restraining Order Visitation

[InternetAngel]

What is the name of your state? Idaho
I just have a quick question I am hoping someone can answer.
My sister was granted a 90 day restraining orer from her husband who is is going thru a divorce with. They have 3 kids. The order says he can contact her concerning "custody". He showed up stating he wanted visitation rights, and because of his wording of visitation and not custody he was sited by an officer.
Now heres my question. Can he show up tomorrow and say he wants custody of the kids for the weekend?
This wouldnt be a problem for my sister except he is an alcoholic and drinks and drives on a regular basis, even when he has the kids. She fears their saftey.
She would like for them to see their dad but doesnt want to put them in harms way.
Can he show up on her door while this restraining order is in place that he cant be within 300 ft of her person, house or work?
Please help. Her attorney hasnt been returning her calls.
Thanks
Gina

 

[Jillian483]

Her attorney hasnt been returning her calls

Yeah that desn't sound good. Well I think that she should be keeping the children all of the time. As I am reading it she has already been to court for this and the court said no. File for contempt charges if he comes around again.

 

[stealth2]

As I am reading it she has already been to court for this and the court said no. File for contempt charges if he comes around again.

That is not what OP said. There is a restraining order against Dad wrt to Mom - NOT the kids. The court has not said that he cannot spend time with the kids, and it was a cop (not a judge) who interpreted the order to mean he couldn't see the kids since he used the wrong phraseology. If she was concerned about the kids being with him, she should have included them in the RO.

Jillian - you've dropped the ball a bunch of times to night. Log off, go to sleep, and try again tomorrow when you're fresh. 'Cause you're leading people astray and noone wants to clean up after you. Sorry.

 

[InternetAngel]

Jillian or anyone...

Jillian,

She says he attorney hasnt returned her calls because he has been in court all day.
Regardless, I understand that the judge issuing the restraining order cant delve into custody issues, I am not understanding what she is to do if he shows up at her door this weekend. They dont have a court order for custoday in place. Just a restaining order saying he can contact her for issues pertaining to custody.
Would you happen to know where I can find out what that means?
Thanks!

 

[stealth2]

If there is no custody order, they have equal rights to the children. Really, her best bet is to simply not be around for the weekend.

 

[Jillian483]

The order says he can contact her concerning "custody".

THE COURTS SAID HE CANNOT CONTACT HER. If he does she needs to file for contempt where was I wrong? Since he has no legal rights to the children, if he is coming to try to pick them up it would be violating the court order.

 

[stealth2]

Since he has no legal rights to the children, if he is coming to try to pick them up it would be violating the court order.

Where does it say he has no rights to the children?

 

[LdiJ]

I would interpret things a little differently. It says that he can CONTACT her regarding custody. I would interpret that to mean that he can call her up to make arrangements to see the children, NOT that he can simply show up at her door whenever he feels like it.

However, again, if there are no visitation orders then I would interpret things as dad needing to take it to court to obtain orders before he starts trying to make arrangements with mom.

If I was advising dad, I would advise him to stay strictly away from mom and to get his butt into court to get specific orders....to protect himself. Mom should be calling the cops every time he shows up at her door without having made prior arrangements.

 

[casa]

What is the name of your state? Idaho
I just have a quick question I am hoping someone can answer.
My sister was granted a 90 day restraining orer from her husband who is is going thru a divorce with. They have 3 kids. The order says he can contact her concerning "custody". He showed up stating he wanted visitation rights, and because of his wording of visitation and not custody he was sited by an officer.
Now heres my question. Can he show up tomorrow and say he wants custody of the kids for the weekend?
This wouldnt be a problem for my sister except he is an alcoholic and drinks and drives on a regular basis, even when he has the kids. She fears their saftey.
She would like for them to see their dad but doesnt want to put them in harms way.
Can he show up on her door while this restraining order is in place that he cant be within 300 ft of her person, house or work?
Please help. Her attorney hasnt been returning her calls.
Thanks
Gina

It's rather common for restraining orders to include additions re; children. ie; that one parent is restrained from the other parent- but allowed some type of access to the children.

Unfortunately this order (based on what you wrote) allows for 'contact' in regards to custody <children>, and does not specify what form of contact the father is to use. The father would likely not get arrested if he told the police he was contacting the mother re; seeing his children. One could say he could call instead- but then the father could argue the mother wasn't answering or cooperating. The mother AND father should both be going to court ASAP to address the specifics of the restraining order. The mother or father can ask the judge designate a time/place to exchange the children for visitation. (I would recommend a public place and not the mother's residence).

 

[stealth2]

Yep - it definitely needs clarification by the court.

 

[Jillian483]

go back to court for clarification on the restraining order. If he has not proved paternity and there is no court order for custody then the shildren are with you all of the time alyway.

 

[FLFamof5]

go back to court for clarification on the restraining order. If he has not proved paternity and there is no court order for custody then the shildren are with you all of the time alyway.

And why would paternity have to be proven?

 

[LdiJ]

And why would paternity have to be proven?

Paternity doesn't have to be proven...they are married and getting a divorce...somebody either didn't read the thread thoroughly or was under the wrong "mindset" when they responded.

 

[stealth2]

I think that was FLFam's point. But, well, we wouldn't want to tell Jillian that she's wrong. Again.

 

[Jillian483]

No custody oreder has been written so therefore if the father has not through the courts proven paternity and there is no court order that allows him visitation yet then he is not entitled to see the child. I am reading it as he was harassing her about it while they are going through the divorce and so the judge ordered him to not contact her about it until a parenting plan has been made that allows him visitation. If I am reading it wrong then I am wrong but that is the impression that I was under.