TRO vs. Rights of Parent to Visit Child at School

The mother of a child at our preschool has a restraining order against the father of a different child at our preschool. The order restricts contact of the father with this mother's child including while the child is at our school site. However, state regulations (California) require access for the father to his own child while at our school. If we follow the restraining order will we be violating the state regulations or does the restraining order take precedence?

[I AM ALWAYS LIABLE]

x

[This message has been edited by I AM ALWAYS LIABLE (edited October 13, 2000).]

Your answer does not address the two sets of regulations. The TRO relates to the father's restriction of contact with the mother's child (note: The father is not related to this child) Can the father insist that he has a right to contact with his own child(not the TRO child)at our school (i.e. Do we have to accommodate somehow contact with his own child that does not violate the TRO restriction on contact with the other child?)

[MySonsMom]

I think what IAAL was saying is that you need to obey the restraining order. There is a reason that the two need to be apart, and because of that certain accomodations need to be met.

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*There is no love, like the unconditional love of a Mother*

-I am not an Attorney, any advice given is strictly advice-

[LegalBeagle]

RO are not given out like candy.. to have one held against a contact with a child is very serious. If it was against the other parent that is one thing, but against the child ??

[MySonsMom]

LeagleBeagle..The RO is against 2 separate parents at a school. The parent that is restrained from the other is complaining that he can't be there when the other parent is there...RO takes precedence over parents right to school access (per IAAL). Since this is the case, the parents have to make certain accommodations.

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*There is no love, like the unconditional love of a Mother*

-I am not an Attorney, any advice given is strictly advice-

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by MySonsMom:
[b]LeagleBeagle..The RO is against 2 separate parents at a school. The parent that is restrained from the other is complaining that he can't be there when the other parent is there...[/b]<HR></BLOCKQUOTE>

Then I am confused cos...

'The TRO relates to the father's restriction of contact with the mother's child (note: The father is not related to this child) '

With the mothers child.. not the childs mother..

Thank you for your input. The Child Care Law Center in San Francisco also indicated that the TRO takes precedence and that our school needs to ensure that we don't violate the TRO (i.e. that we don't allow the father to have contact with the mother's child)

Yes, the father is not related to this child. The mother of child that has nothing to do with this father (in fact the mother has nothing to do with this father) does not want this father to have contact with her child because of previous incident between her child and this father at our school. She has served the restraining order against him. The father, though, has his own child at our school. Usually state regulations require child care programs to permit parents access to their own children at all times. However, because his own child and the child he is restricted from contacting are both at our school, it appears the TRO takes precedence: thus he may not come onto our school site, and may not have access to his child at our school, as long as the other child is there.

[MySonsMom]

&lt;&lt;The mother of a child at our preschool has a restraining order against the father of a different child at our preschool. &gt;&gt;

LeagleBeagle: The restraining order is between a man and a lady...which it happens that their children go to the same school..therefore may be near each other after school, before school etc...accommodations need to be made so that they are not both there at the same time..

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*There is no love, like the unconditional love of a Mother*

-I am not an Attorney, any advice given is strictly advice-

[MySonsMom]

&lt;&lt;The mother of child that has nothing to do with this father (in fact the mother has nothing to do with this father) does not want this father to have contact with her child because of previous incident between her child and this father at our school.&gt;&gt;

Ok, I guess it was unclear because now it's a little different. At any rate, she has gotten her answer. TRO's take presedence over the Fathers right to open access to the school with the child/mother there.

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*There is no love, like the unconditional love of a Mother*

-I am not an Attorney, any advice given is strictly advice-

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by MySonsMom:
[b]Ok, I guess it was unclear because now it's a little different.[/b]<HR></BLOCKQUOTE>

So, what you are saying.. in your own womenly way, is that I was right ??

The defense rest your honor

[MySonsMom]

LOL..Oh LeagleBeagle...Where's my dinner?

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*There is no love, like the unconditional love of a Mother*

-I am not an Attorney, any advice given is strictly advice-

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by MySonsMom:
[b]LOL..Oh LeagleBeagle...Where's my dinner?
[/b]<HR></BLOCKQUOTE>

?? I think you have got yourself a handful of some ASS 'Always Searching Syndrome' .. cos you are confusing me with USDeeper.. unless of course you want me instead of that limey !

[MySonsMom]

LOL...My little beagle can bring me dinner...that usdeeper is quite intriguing as well...I like to have both of you if I could. (and IAAL of course)

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*There is no love, like the unconditional love of a Mother*

-I am not an Attorney, any advice given is strictly advice-