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Mutual Restraining Order - county or state?

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Shears

Member
What is the name of your state (only U.S. law)?
Georgia

Mutual Restraining Order says:
In The Superior Court of XX County
State of Georgia

Each party is hereby enjoined and restrained from unilaterally causing or permitting the minor child(ren) of the parties to be removed from the jurisdiction of this Court and the State of Georgia.


Question: Does this mean the child cannot be moved from the *County*, or just the State (and not for vacation, but a full-on residential move)?

Thanks in advance for assistance.
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)?
Georgia

Mutual Restraining Order says:
In The Superior Court of XX County
State of Georgia

Each party is hereby enjoined and restrained from unilaterally causing or permitting the minor child(ren) of the parties to be removed from the jurisdiction of this Court and the State of Georgia.


Question: Does this mean the child cannot be moved from the *County*, or just the State (and not for vacation, but a full-on residential move)?

Thanks in advance for assistance.
The children cannot be removed from the State. Heck if the order is wordered that way, the kids cannot even cross the state lines to go to the bathroom.
 

TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)?
Georgia

Mutual Restraining Order says:
In The Superior Court of XX County
State of Georgia

Each party is hereby enjoined and restrained from unilaterally causing or permitting the minor child(ren) of the parties to be removed from the jurisdiction of this Court and the State of Georgia.


Question: Does this mean the child cannot be moved from the *County*, or just the State (and not for vacation, but a full-on residential move)?

Thanks in advance for assistance.
They cannot be removed from the County, either. :cool:
 

mistoffolees

Senior Member
I am. Jurisdiction of the court indicates county. :cool:
I'm guessing that it's a temporary order. If not, you should be working on getting it changed. It is bad enough to get an order that the kids can't leave the county even for an ice cream cone in the next county if it's temporary while the divorce is pending, but if it's permanent, it's absurd.

I would suggest that you request that the permanent order say that they can't RELOCATE outside of the county without the court's permission rather than can't be removed (which implies even short term travel out of the county). (It could be that this is the intent, anyway, and 'removed' implies permanent removal, but I'd make sure).
 

Shears

Member
I'm guessing that it's a temporary order. If not, you should be working on getting it changed. It is bad enough to get an order that the kids can't leave the county even for an ice cream cone in the next county if it's temporary while the divorce is pending, but if it's permanent, it's absurd.

I would suggest that you request that the permanent order say that they can't RELOCATE outside of the county without the court's permission rather than can't be removed (which implies even short term travel out of the county). (It could be that this is the intent, anyway, and 'removed' implies permanent removal, but I'd make sure).

From what I understand, this is a standard order that is filed with every divorce or cust mod case in our state, already 'pre-signed' by 10 judges in the county in which the cm petition was filed (and is in place while the case is pending/until it's decided). I would certainly hope it doesn't mean our son can't be 'removed' at any second on any day from that county - that would make my visitation with him pretty crazy, since I don't even live in that county :) (??? now I'm beginning to wonder...???)

Basically the reason I ask is because my ex believes she is above the law. Don't know if you remember my old posts from her last disruption to our son's life, but as a refresher, she's the one who moves every 9 or so months, and changes his school every time. When she informed me of her most recent intent to move (as usual, less than the required 30 days in advance), and this time far enough away to completely negate a significant portion of my visitation with our son, I filed for cm, and with that filing went this standard mutual restraining order. She moved anyway. Which is a lot bigger deal to me than going on a weekend trip somewhere, or driving a county away for an ice cream cone.

So I was wondering, based on the language of the order, if it's as big a deal to the court as it is to me. Or if the court sees this move as staying in the same jurisdiction because she did not leave the state.
 
Last edited:

st-kitts

Member
This order needs changed. GA has more counties than any other state save Texas, and Texas is a whole lot bigger than GA. It is actually fairly challenging not to cross county lines multiple times on any given day... Prohibiting the parties to leave the county could make things like going grocery shopping, going to the mall or even going to Wal Mart difficult if not impossible in some areas.
 

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