New York
I know i need a lawyer... Ex was granted Ex Parte Temp Order of Protection alleging "I fear he will leave the state with the children".. .it has been 60 days, court will not grant me a hearing.
In NY, it appears some sort of criminal harm needs to be alleged for an order of protection.
https://www.nycourts.gov/ip/dv/familyoffence.pdf
Is this true? Again, no kind of harm/threats was alleged. I have purposely avoided ALL unnecessary contact with her for years, knowing she is capable of this.
In reality, are these courts unlimited in their power over families?
Preponderance of evidence, Best interest of child, discretion of the court... all sounds like "we can do as we please to you and your kids."
Is it my Burden to prove "she has no fear i will leave the state with the children"?
Or does she need to prove her allegation?
How hard would the court laugh if I Countered with "I Fear she is using the system to Eradicate me from my son's lives, and gain a shortcut to Sole custody."
Aside from the obvious abuse/ neglect / violence, When is it the Best Interest of a Child to Never see/speak to a Dad again?
If i cant get a hearing do i go to Fed Court for due process violation?