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Old 11-01-2000, 06:25 AM
kappfish
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I have recently started divorce proceedings after having to get an order of protection from my husband. I have an order from the court the court that me and my husband signed. The visitation on it states that my husbands visitation is every Saturday and alternating Sundays. I have permanent temporary custody of the children. Does this mean that he needs my permission to see them if it is not on the stated visitation days? The reason I am asking is that he went to my 8 year old sons school yesterday and tried to pull him out of school for lunch. He did not want to go after a big scene my husband left. He says because the order of protection has expired, he can see them whenever he wants> I say and am hoping he needs my permission because of the order that we signed. Please help with an answer.
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Old 11-01-2000, 07:16 AM
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I am a bit confused by your post - the order of protection and the order of visitation should have been written seperately and I assume they were but it is hard to tell from your wording. Either way, in the specific visitation portion was there any mention of an expiration date?? If not it sounds as though you are in the right here -- but the easiest way to tell would be for you to contact your lawyer (if you have one) or the clerk of the court where the order/s were granted (if you didn't have an attorney) and inquire about the specifics of the order/s. Simply explain what has happened and what has been said and they will be able to answer you specifically about your order - as I cannot as I have not been able to read it.
More likely than not, though, the visitation was written with the intent of that being the setup until the next hearing to establish a more permanent arrangement (as you have mentioned that this is a temporary order for now). Your best bet is to fully document this occurence and any others that happen in the future - better to have verifiable proof of what he has tried to do when it goes back to court ...this should include a written statement from your son's school so that it is not just your word vs. his word.
I tend to be an advocate of very openly shared parenting (two parents are better than one when possible - ie barring abuse, insanity etc...)but the fact that there was an order of protection issued in your case raises my eyebrow in regards to his actions so I hope it doesn't seem I am trying to say he should not be allowed to see the kids -- just that the court has ordered what they feel best and he is going to have to stick to that. Once you get it clarified for yourself what the standing order is I suggest you inform him of the facts - and suggest he call and verify for himself if he chooses not to take your word - and that you intend to follow it to the letter and that any future stunts will find you filing further charges against him for violating a court order...that should keep him minding his p's and q's till the next hearing.
Good luck and God Bless
 



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