The PFA covers me, my two children and my mother. He has been coming to the daycare with his new girlfriend to pickup her daughter. Is this a violation of the PFA since he is not to have contact with my children? I gave the daycare a copy of the PFA, but they said there is nothing they can do to keep him out of the building or off the premises.
Estate Planning Attorney
Yes, if the child at the daycare when he arrives is a Protected Party in the PFA, then this is a violation (particularly if he showed back up at the daycare after knowing that your daughter was present. You should contact the police.
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4 lawyers agree
DUI / DWI Attorney
Yes!!! And the daycare certainly can keep unauthorized people off their premises and out of their buildings. Otherwise the safety of every child there would be compromised if a stranger was permitted on their property.
I would instruct them to notify the police the next time this happens because there is a valid PFA order in effect. If they refuse, tell them you would like to discuss this matter further with their attorney.
Michelle A. Fioravanti
Family Law Attorney
Despite what the other attorneys have said, I am not sure there is enough information to determine if he has violated the PFA. For instance, does the PFA specifically exclude him from going to her daycare? If not, he may not be violating the PFA. Does he have contact with your daughter when he goes to the daycare? If not, he may not be violating the PFA. Does the PFA include a custody provision allowing him limited contact with you daughter. If so, he may not be violating the PFA. I suggest you contact an experienced family law attorney about this matter.