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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
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I am scheduled for divorce mediation tomorrow, Monday. Yesterday, my wife was arrested for assault/domestic violence against me. I have not yet filed for a restraining order due to my desire to mediate the divorce tomorrow. She has communicated via email that she wants to take the kids tonight to her parents in the next town over. There are existing alcohol abuse issues, and she has displayed aberrant behavior due to Multiple Sclerosis. Do I have to let her take the kids? I believe she is unstable now. Moreover, should I want to revisit the restraining order tomorrow, her taking the kids tonight may negate that request. Your thoughts?
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Thank youCustomerfor your question.

Even if you currently have temporary custody orders in place, you are not required to release the children to their mother when her environment places the children in a serious risk for harm. The information you posted here, clearly shows that you need to protect your children. I would suggest that you proceed with getting the restraining order in place to protect yourself and the children now. You can add terms to the restraining order that she be allowed to come to the mediation and other related court hearings. The restraining orders can be set up to limit contact for such events.

If getting the restraining order is not feasible at the present moment, then you are not required to give her the children, but make sure you have the police report ready to show why you exercised your rights in denying her contact today, as you will be asked by the court.

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