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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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My wifes ex husband filed a temporary restraining order against

Customer Question

My wife's ex husband filed a temporary restraining order against us because we are in the process of moving out of state. In the divorce decree, it states that we cannot move out of the county. He took one of the minor children without permission and then filed the restraining order. we have a hearing today at 2:30 to state our side of the case, He is 14 months behind on child support, lives with his sister and has no stable employment. We also have 3 documentated police reports where he does not bring the child home when he is suppose to and has a history of cocaine arrest and domestic violance. Please help with some advice on some motions I can file myself
Submitted: 7 years ago.
Category: Family Law
Expert:  Tina replied 7 years ago.
Thank you for trusting our JA team for guidance.


You do need the consent of the court to move to another state if the ex is not willing to consent. So first, your wife needs to show that it is in the best interests of the child to allow the move; ie, more family around, a new job that will benefit the child, etc. However, it is likely your wife would be ordered to pay additional transportation costs for visitation since she is the one moving away from the father.


She could also file a motion for order to show cause why the father is in violation of the order; ie, not paying child support and visitation (taking the child when he did not have scheduled visitation and not returning the child). This is the first step in having him held in contempt of court and possibly jailed for repeated violations of the court's orders.


She may also want to file a motion to terminate the father's parental rights based on all of the circumstances or a motion to modify visitation to involve only supervised visitation because of his history of drug use and domestic violence. The latter is more likely to be granted.


The order to show cause may be the easiest one to file. Depending on the state you are in, the clerk of the court may have the forms you need or direct you where to get them.


Best regards XXXXX XXXXX



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Customer: replied 7 years ago.
Where can I find the form on the internet to file the motion to show cause
Expert:  Tina replied 7 years ago.

Here is one website that offers them online:


All the best to you.

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