I scheduled a visit with my child, and the non-custodial parent interrupted my visit four times. There is no custody order, and we are in mediation right now.
Yes, you can get orders prohibiting your ex from interfering with your visits while the child is with you, although not domestic violence orders. You can file a simple OSC with the court and explain what is happening to the judge and ask the judge to enter specific orders telling your ex to stop doing what they are doing. On the other hand, if your ex is calling you on the phone incessantly while your child is with you, just don't answer the call, let it go to voice mail and then check it a few minutes later .
Marshall Waller may be reached at 800-655-4766 or by email at: [email protected] Follow him on Twitter: @feinbergwaller. Responses to questions posted by Mr. Waller on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and the response to the question above is not legal advice and it does not create an attorney-client relationship. If you would like to obtain specific legal advice about this issue as it pertains to your particular situation you must contact an attorney who is licensed to practice law in your state.
Restraining orders are for domestic violence or harassments, not to conduce visitations. You haven't described any incidents of domestic violence or harassment other than the noncustodial parent is being difficult. Yes, of course, if the facts support it you can file for a restraining order although you have to have facts which would support it. You haven't stated that here. It sounds like, unless there are facts which you haven't described, what you really need is a visitation order. If you're in mediation, get a temporary order or file a motion so you've covered until you come to an agreement.
Ms. Johns is a lawyer although she is not your lawyer unless you have consulted with her and signed a fee or letter agreement confirming her representation of you. This post does not constitute legal advice and no attorney client relationship results.
You are in a tough spot as it sounds like you are already in the process of getting custody and visitation orders put in place. While this is pending, there is probably not much that you can actually do except maybe inform the mediator of the interruptions and the fact that you believe that the other parent may be attempting to interfere with your relationship to the point that it is rising to what you believe amounts to alienation in that the other parent is attempting to disrupt your parenting time. This being said, there are no orders in place so you are in a gray area. If you do bring this up, specify concisely and succinctly what actions the other parent has/continues to take interfere and why this is not in the best interest of the child.
The content contained herein is for general purposes only and in no way constitutes an attorney-client relationship nor is this information to be construed as the only option available under the law. I encouarage everyone to get a second opinion to determine the best course of action based upon their particular situation.
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