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Protection order modification and child visitation

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dmead012

Member
My three children and I moved to another state after my ex was arrested for physically assaulting two of our children. As a result of that assault, both a civil and criminal protection order were put in place preventing him from contacting any of us. He has not had contact with the kids for 2 years. He was just released from jail and is asking the court to modify the protection order so that he can have contact with one of our children.
Is there a way to have that hearing/issue and any visitation issue moved to the state the children and I are now living in? We are residents and have been for nearly 2 years. It would be costly to deal with this issue in a court 1500 miles away. Thank you for any advice you can give.
 


LdiJ

Senior Member
My three children and I moved to another state after my ex was arrested for physically assaulting two of our children. As a result of that assault, both a civil and criminal protection order were put in place preventing him from contacting any of us. He has not had contact with the kids for 2 years. He was just released from jail and is asking the court to modify the protection order so that he can have contact with one of our children.
Is there a way to have that hearing/issue and any visitation issue moved to the state the children and I are now living in? We are residents and have been for nearly 2 years. It would be costly to deal with this issue in a court 1500 miles away. Thank you for any advice you can give.
You could try, since you have special circumstances. However, you would have to hire an attorney in the original state to handle the case. That won't be any less costly.
 

LdiJ

Senior Member
The case originated in Colorado. The children and I now reside in Ohio. Thank you.
You would have to get an attorney in Colorado to try to convince the judge in Colorado to release jurisdiction to Ohio. Considering the circumstances you have a shot at it.
 

Ohiogal

Queen Bee
Did he already file in Colorado? Regarding visitation?
If so Ohio most likely won't accept it. What county in Ohio?
Furthermore, protection order cases would remain in Colorado most likely.
 

dmead012

Member
Visitation was already determined in divorce. I received full custody and decision making rights due to the protection order against him. He is now seeking to modify the protection order so that he can have contact with the youngest of our 3 children. Before protection order is modified, I believe there should be a professional, objective 3rd party evaluate the situation and the children. Wouldn't it be best to determine if visitation is even a safe option before lifting the protection order? Thinking all this would be less disruptive and overall practical if done in the same jurisdiction where the children and I reside. The county is Trumbull.
 

Ohiogal

Queen Bee
Visitation was already determined in divorce. I received full custody and decision making rights due to the protection order against him. He is now seeking to modify the protection order so that he can have contact with the youngest of our 3 children. Before protection order is modified, I believe there should be a professional, objective 3rd party evaluate the situation and the children. Wouldn't it be best to determine if visitation is even a safe option before lifting the protection order? Thinking all this would be less disruptive and overall practical if done in the same jurisdiction where the children and I reside. The county is Trumbull.
That would be part of a visitation case. The protection order is a Colorado matter. There is no danger if dad if is in Colorado and you are in Ohio. If there is, you can get a new order in Ohio if you can prove the danger.
 

Ohiogal

Queen Bee
Oh and to narrow it down a bit -- this would be under
FOREIGN FULL FAITH & CREDIT FILINGS
Custody​
$251.00​
Divorce​
$251.00​
Support​
$251.00​
Visitation​
$251.00​
You would want to have the court domesticate it and they will charge you … if you don't know the proper forms, you would have to hire counsel in order to do this. The reason for domesticating would be forum non conveniens in Colorado even though Father still lives there.
 

Litigator22

Active Member
My three children and I moved to another state after my ex was arrested for physically assaulting two of our children. As a result of that assault, both a civil and criminal protection order were put in place preventing him from contacting any of us. He has not had contact with the kids for 2 years. He was just released from jail and is asking the court to modify the protection order so that he can have contact with one of our children.
Is there a way to have that hearing/issue and any visitation issue moved to the state the children and I are now living in? We are residents and have been for nearly 2 years. It would be costly to deal with this issue in a court 1500 miles away. Thank you for any advice you can give.
Yes, definitely! There is a way to have the mentioned vitiation issues resolved in the state of the children's residence; that is, transferring jurisdiction from the Colorado court to one in Ohio. But it is not simply or readily achieved.

What is involved here is a set of complex, reciprocal laws known as the "Uniform Child Custody Jurisdiction and Enforcement Act" (UCCJEA) which both Colorado and Ohio have adopted in to state law. *

(You might properly be wondering why legislation expressly addressing ''child custody'' would have any bearing on a Colorado no contact (n/c) order. The answer is in the Act's broad definition of a "child custody proceeding", meaning to include issues relating to "parenting time or visitation".)

What is the problem then? It is one of practicality and is due to the fact that Colorado the "issuing state" had original jurisdiction to render the n/c order in the first instance! And until it is officially determined that Ohio (which according to the Act is now the children's "home state" - the kids having resided therein for more that 6 months thus vesting Ohio with jurisdiction) Colorado the "issuing state" - where a parent still resides - can continue to exercise jurisdiction. In other words it is necessary that Colorado is officially notified that Ohio now has jurisdiction over the children as per the UCCJEA.

So what is your recourse? First of all I don't profess to be and expert on the UCCJEA. It is best that you speak with an Ohio attorney familiar with its processes.

However, I'm reasonably confident that unless you formally appear in contest of the father's application to modify the n/c order and thus appraise the Colorado court of the change of residence, you will need to commence some proceeding in an Ohio family court for that purpose wherein the finding of its "home state" status and being the more convenient forum can be made and the appropriate concession from Colorado is obtained. Just what proceeding that would be is problematic; perhaps a declaratory judgment (?)

And what if you do nothing and the father's application is successful in being granted parenting time and he attempts to enforce it in Ohio? What then?

The first thing that comes to mind is that the question of his fitness to exercise visitation would already have been favorably adjudicated by a court having jurisdiction over the subject matter - res judicata would attach - and the Colorado order allowing visitation would be entitled to full faith and credit in Ohio!

But again these are just thoughts. You need to consult with local counsel.
 

Ohiogal

Queen Bee
Yes, definitely! There is a way to have the mentioned vitiation issues resolved in the state of the children's residence; that is, transferring jurisdiction from the Colorado court to one in Ohio. But it is not simply or readily achieved.

What is involved here is a set of complex, reciprocal laws known as the "Uniform Child Custody Jurisdiction and Enforcement Act" (UCCJEA) which both Colorado and Ohio have adopted in to state law. *

(You might properly be wondering why legislation expressly addressing ''child custody'' would have any bearing on a Colorado no contact (n/c) order. The answer is in the Act's broad definition of a "child custody proceeding", meaning to include issues relating to "parenting time or visitation".)

What is the problem then? It is one of practicality and is due to the fact that Colorado the "issuing state" had original jurisdiction to render the n/c order in the first instance! And until it is officially determined that Ohio (which according to the Act is now the children's "home state" - the kids having resided therein for more that 6 months thus vesting Ohio with jurisdiction) Colorado the "issuing state" - where a parent still resides - can continue to exercise jurisdiction. In other words it is necessary that Colorado is officially notified that Ohio now has jurisdiction over the children as per the UCCJEA.

So what is your recourse? First of all I don't profess to be and expert on the UCCJEA. It is best that you speak with an Ohio attorney familiar with its processes.

However, I'm reasonably confident that unless you formally appear in contest of the father's application to modify the n/c order and thus appraise the Colorado court of the change of residence, you will need to commence some proceeding in an Ohio family court for that purpose wherein the finding of its "home state" status and being the more convenient forum can be made and the appropriate concession from Colorado is obtained. Just what proceeding that would be is problematic; perhaps a declaratory judgment (?)

And what if you do nothing and the father's application is successful in being granted parenting time and he attempts to enforce it in Ohio? What then?

The first thing that comes to mind is that the question of his fitness to exercise visitation would already have been favorably adjudicated by a court having jurisdiction over the subject matter - res judicata would attach - and the Colorado order allowing visitation would be entitled to full faith and credit in Ohio!

But again these are just thoughts. You need to consult with local counsel.
Hey Litigator, I do this type of LAW in Ohio in the Northern part of Ohio. I am even familiar with Trumbull county courts. As well as Mahoning, Cuyahoga, Lake, Columbiana, Portage, Summit, Geauga, Lorain, Medina, Wayne, Stark, Ashland, and Richland.
 

not2cleverRed

Obvious Observer
Visitation was already determined in divorce. I received full custody and decision making rights due to the protection order against him. He is now seeking to modify the protection order so that he can have contact with the youngest of our 3 children. Before protection order is modified, I believe there should be a professional, objective 3rd party evaluate the situation and the children. Wouldn't it be best to determine if visitation is even a safe option before lifting the protection order? Thinking all this would be less disruptive and overall practical if done in the same jurisdiction where the children and I reside. The county is Trumbull.
Would we be correct in assuming that this is the child that he hasn't been convicted/caught abusing?

(Mostly just curious. But considering how few people do time for child abuse, what they had evidence of must have been non trivial.)

And by "charge you", OG means the fees. ;) (At least, I'm pretty sure that's what she means. :) )
 

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