How can I get a temporary protection order removed or modified?

[Jk457457]

HI. I have 50% shared custody over my 4 year old. I did not allow my ex wife to take my son out of state for Christmas. She was furious and decided to file a false protection order and a temporary oder was issued including my son. Due to the holidays I will not be able to see my son for 28 days which is a tragedy. The longest we have ever been separated was 5 days. She reached her goal. So I want to file 2 motions and hope one of them is being passed: 1: Motion to change the date of hearing to an earlier date, or 2: Motion to modify temporary protection order to remove child (there is no statement made by her why the child was included). I feel like I have great arguments to make: emotional trauma, missing pre-school (at my house), missing christmas, feeling abandoned by me, etc… What are my chances for success? Thank you kindly. PS: I am in Washington state.

 

[CTU]

HI. I have 50% shared custody over my 4 year old. I did not allow my ex wife to take my son out of state for Christmas. She was furious and decided to file a false protection order and a temporary oder was issued including my son. Due to the holidays I will not be able to see my son for 28 days which is a tragedy. The longest we have ever been separated was 5 days. She reached her goal. So I want to file 2 motions and hope one of them is being passed: 1: Motion to change the date of hearing to an earlier date, or 2: Motion to modify temporary protection order to remove child (there is no statement made by her why the child was included). I feel like I have great arguments to make: emotional trauma, missing pre-school (at my house), missing christmas, feeling abandoned by me, etc… What are my chances for success? Thank you kindly. PS: I am in Washington state.

Why did you "not allow" Mom to take your mutual child out of state? Is there an order saying she cannot do so? Is it your parenting time?

 

[LdiJ]

HI. I have 50% shared custody over my 4 year old. I did not allow my ex wife to take my son out of state for Christmas. She was furious and decided to file a false protection order and a temporary oder was issued including my son. Due to the holidays I will not be able to see my son for 28 days which is a tragedy. The longest we have ever been separated was 5 days. She reached her goal. So I want to file 2 motions and hope one of them is being passed: 1: Motion to change the date of hearing to an earlier date, or 2: Motion to modify temporary protection order to remove child (there is no statement made by her why the child was included). I feel like I have great arguments to make: emotional trauma, missing pre-school (at my house), missing christmas, feeling abandoned by me, etc… What are my chances for success? Thank you kindly. PS: I am in Washington state.

You have almost zero chance of getting any new motions heard before the current scheduled hearing. With the holidays coming up the calendars are particularly crowded. You are actually lucky that you only have to wait 28 days for a hearing.

 

[Jk457457]

But how can that be that I and my child can be so severely punished before I even was found guilty? This is not justice.

 

[PayrollHRGuy]

It isn't supposed to be justice. It is protection.

 

[CTU]

But how can that be that I and my child can be so severely punished before I even was found guilty? This is not justice.

You have a 50/50 timeshare ... the child is with the other parent. Please, dial down the drama - it's really not going to help you.