I am a respondent in a child custody case and I was incarcerated during the hearing so i was unavailable to dispute the court orders. During my incarceration I was served with a restraining and stay away order against my son and his mother. Now that I'm out jail I am trying to have the restraining order amended so I can begin to see my son again. I currently filed a restraining order against the petitioner and the matter has been set for Nov 18. I am opting to file for a Temporary Emergency Court Order since she has taken our son out of this state in the past without notifying me and I'm afraid she will do it again. I was told that I would need a really good reason in oder to convince a judge that my matter is more important then the people ahead of me. Would this qualify ?
Family Law Attorney
What you would need is a compelling reason for a judge to issue an order without your ex having a chance to be heard pending a hearing. The facts you present, in particular that you were in incarcerated and had a restraining order issued, make me think that going after your own restraining orders might not be the best approach. Nevertheless, to get a abduction prevention order, you'd need to show there is a risk of abduction. The factors to be considered include: A prior conviction for abduction, no ties the community, ending a job, moving out of a dwelling, etc.