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Restraining Order: Grandparent

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JinJay

Junior Member
What is the name of your state (only U.S. law)? Minnesota
I know I can obtain a restraining order against my mother (liable/slander/defamation). Due to her abusive nature, I also wish to have a restraining order protecting my children from contact as they've personally felt the brunt of her attacks too ("Why does grandma say mean things? Is she crazy?"). Unfortunately my ex (pending divorce) has started to bring our children to her anyway to levy support against me. How do I stop this? I don't care what they talk about, but I don't want my children subject to her attacks.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Minnesota
I know I can obtain a restraining order against my mother (liable/slander/defamation). Due to her abusive nature, I also wish to have a restraining order protecting my children from contact as they've personally felt the brunt of her attacks too ("Why does grandma say mean things? Is she crazy?"). Unfortunately my ex (pending divorce) has started to bring our children to her anyway to levy support against me. How do I stop this? I don't care what they talk about, but I don't want my children subject to her attacks.
Actually in the most part saying nasty things is not enough for a restraining order.

You won't be able to prevent your soon-to-be-ex from taking your children around her unless you can absolutely prove that they will be harmed.

Sorry, but I see this one going nowhere.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Minnesota
I know I can obtain a restraining order against my mother (liable/slander/defamation). Due to her abusive nature, I also wish to have a restraining order protecting my children from contact as they've personally felt the brunt of her attacks too ("Why does grandma say mean things? Is she crazy?"). Unfortunately my ex (pending divorce) has started to bring our children to her anyway to levy support against me. How do I stop this? I don't care what they talk about, but I don't want my children subject to her attacks.
Why do you feel so confident that you can obtain an order of protection (not a restraining order)?
 

LdiJ

Senior Member
Actually in the most part saying nasty things is not enough for a restraining order.

You won't be able to prevent your soon-to-be-ex from taking your children around her unless you can absolutely prove that they will be harmed.

Sorry, but I see this one going nowhere.
I absolutely agree. I really hate it when stbx's or ex's take the children around the grandparents against the wishes of the parent who is the son or daughter of the grandparent, but there is nothing legally that anyone can do to stop that unless it can be proven as harmful to the children.
 

CourtClerk

Senior Member
I absolutely agree. I really hate it when stbx's or ex's take the children around the grandparents against the wishes of the parent who is the son or daughter of the grandparent, but there is nothing legally that anyone can do to stop that unless it can be proven as harmful to the children.
What if the other parent is unreasonable? Regardless of what's going on between the adults, children shouldn't get to be the pawns.
 

LdiJ

Senior Member
What if the other parent is unreasonable? Regardless of what's going on between the adults, children shouldn't get to be the pawns.
Regardless of what is going on between the adults (in this case the parents), a good co-parent respects the wishes of the other parent in regards to their own extended family. We see this all the time. Both parents are on board with keeping contact either minimal and supervised between the children and toxic extended family members...until divorce or separation rears its ugly head, and then all bets are off.
 

CdwJava

Senior Member
What is the name of your state (only U.S. law)? Minnesota
I know I can obtain a restraining order against my mother (liable/slander/defamation).
I doubt it. Being rude and nasty is not grounds for a restraining order.

If you do not like what mom has to say, stay away from her and do not communicate with her. I am sure you live on your own, so it shouldn't be a problem to avoid mom, right?

Due to her abusive nature, I also wish to have a restraining order protecting my children from contact as they've personally felt the brunt of her attacks too ("Why does grandma say mean things? Is she crazy?").
Unless you have reason to fear harm from mom/grandma, I cannot see a judge issuing a restraining order for you or your children based just upon words.

Unfortunately my ex (pending divorce) has started to bring our children to her anyway to levy support against me. How do I stop this? I don't care what they talk about, but I don't want my children subject to her attacks.
This sounds like an issue to bring before the court with regards to visitation. But, unless your mom is likely to cause the kids harm, I doubt a court is going to order dad to keep the kids from grandparents.
 

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