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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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My sons ex-wife has a TRO on behave of the kids aginist my

Customer Question

My son's ex-wife has a TRO on behave of the kids aginist my son. currently being disputed in court. she has moved and not advised my son of the kids new address or location. which she could have done via myself the 3rd party mediator. Is this not a violation of a court order(divorce degree) and what legal steps should me son pursue.
Submitted: 5 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 5 years ago.
Since there is a TRO at issue, she is not required to disclose the information until the Judge has ordered that she disclose the information or another method of contact has been arranged. When there are TRO issues the court has the discretion to permit the new address and contact information to be kept confidential for the protection of the alleged victims. She is only required to disclosed the information to the other parent or as court ordered. Your son would have to make sure contact information is disclosed or that the Judge order an alternative method of contact.



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Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner. Thank you.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 6 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.

There is no evidence that a TRO is warrented on the kids- how can this be disputed. All he wants is equal time with his sons.

Expert:  Attorney & Mediator replied 5 years ago.
At the upcoming hearing he needs to disprove the allegations she is referencing to fight the TRO. He can request a trial and then shoot down her credibility. He can bring in witnesses such as yourself or others who can confirm his good character as to why the TRO is not warranted.


If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner. Thank you.

Customer: replied 5 years ago.

His previous attorney did nothing to help him, so he will be representing himself now. Because he already attended the frist hearing after being served with the TRO, can he still request for trial. He previously submitted character letters and even a letter refuting her allegation from his witnesses and the attorney never used them at the frist hearing or requested for trial. We have always been there at the court for support and if we needed to testify.

It will be one year since he saw his oldest on 12/30/2008 and almost 6 month since he saw the 2nd son. TRO was filed on 5/22/2008.

What legal paperwork should he file, if any at this point? Can he file TRO on his ex-wife?

Are you able to refer us to a good, strong attorney?

Expert:  Attorney & Mediator replied 5 years ago.
I'm confused, what is the purpose of this upcoming hearing?

Customer: replied 5 years ago.

When he attended the 1st hearing after being served with the TRO, which the ex-wife wanted 2 years. The judge did not grant the 2 year TRO, but indicated that he would have to attend family counseling and parenting classes and that the TRO affirmed till the next court date.The next 11/12 court date to address the TRO being affirmed or rejected for the 2 years.

During the hearing his attorney at that time, suggested a psychologist and the court approved the doctor. It then turned out that the doctor declined the case, because he does not take court mandated cases. So my son has been trying to find another psychologist to handle the family counseling issues and has resently found someone and also he is doing his parenting classes. Would the court need to approve the doctor he has found? If not, then he is in full compliance with the the court order and the TRO SHOULD not be granted. So our main issues at this point is: 1 -Ensuring that the TRO does not get granted 2- Getting the kids into the counseling with their father to try and repair the damages caused by the mothers PAS 3- The moving of the kids without notification 4- Stop the mother from interfering with fathers attempts to be a father.

Expert:  Attorney & Mediator replied 5 years ago.
Thank you for the clarification.

The alternate psychologist would have to be approved. Since the frist agreed one did not do court mandated cases he would not be in violation of the court orders as this was an unfortunate situation. Mostly likely the court will approve the psychologist and would accept his parenting classes. If he has been in compliance, then I don't see why the TRO should be affirmed. If the court grants the TRO your son would have to file an appeal. From the information you have provided, the opportunity to set the matter for a trial was before these conditions were set by the court as the last hearing. The current hearing is to consider to grant or deny the long term RO. If denied, then his option would be to appeal.




If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner. Thank you.

Customer: replied 5 years ago.
Thank you for your guidance. This information does help us.
Expert:  Attorney & Mediator replied 5 years ago.
My pleasure. All the best to your son.

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