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stevexo
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience:  30 years helping those with Family legal needs
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can my daughter get a restraining order against the father

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can my daughter get a restraining order against the father of her young children if he is choosing to ignore the 4 year olds diet restrictions that cause him an allergic reaction. Every time the children are with their father for the court ordered visitation the 4 year old comes back with obvious allergic reaction that he only gets if he has eaten a food he is allergic to. the father knows about the diet restrictions and gives the child the allergy causing foods anyway. This happens at every visitation. Can she request a restraining order against him to prevent him from seeing the children until the court decides permanant custody arrangements?
Submitted: 1 year ago.
Category: Family Law
Expert:  stevexo replied 1 year ago.
31 years of family law litigation. Understanding of your concerns,and a good legal knowledge base. She has remedies, but a restraining order would not be issued on these facts. The reason for this, is that if he is unfit, then that is a custody or visitation issue, and the court will not let one party thwart the others custody or visitation schedule by granting a restraining order which in many cases would be used as a way around the courts order on custody and visitation. No Judge is going to prohibit him from having contact with the child because he makes a bad decision like this. You could file a motion though, to prohibit the father from giving him these foods that give him this reaction.This type of order on a proper showing a court will issue as that is not getting custody through the back door. Of course you have the burden of proof on your motion, and will need through expert testimony to show that great harm will come to the child if fed these foods. If you can prove this, then I am sure the Judge will issue an order preventing this type of behavior. Sincerely, Steve
Customer: replied 1 year ago.
what good will an order do to tell a parent not to feed a child certain food. This man has no regard for the law. he has lied throughout the entire process so far and giving him an order to stop feeding the child foods will mean nothing to him. he lies to my daughters face that he gives him these foods which all we know is that the only way he gets these reactions is by ingesting these foods. He leaves without symptoms and comes home with them. is it not considered medical neglect? would that be reason to keep kids from being with him? the final court case is not till much later this year. until then the child is with dad every other weekend. his health is put at risk every time he has a reaction. we have proof.
Expert:  stevexo replied 1 year ago.
You ask what good will an order do,that argument could be used as to every issue in this divorce including custody, as every remedy in the divorce is done by an order, that is how things are enforced. As once an order is issued then a party can enforce it through contempt.I have never stated that this would not be a sufficient reason to keep the child from him, as it might very well be, this is just not to be decided in a restraining order. When I said no judge is going to enter this order, I was speaking about a restraining order not to see the child, as that is a round about way to thwart a court ordered custody or visitation arraignment, and the court knows this. I could not agree more with you more though, that this is a very serious situation for the child, and thus the court would issue a restraining order not to give the child the food. And according to you that was your purpose in trying to stop the father from visiting. The issue here according to you is the feeding of the food, thus the Judge could very well issue a restraining order to prohibit the food, and as that addresses the immediate harm, for the Judge to also prohibit contact would be now to be making rulings on custody as the immediate harm is alleviated by the restraining order for the food. The good this does, is if he violates this he can be placed in jail for contempt. If your statements are correct that by feeding the child this food his behavior is so reckless that the only way to assure the child's welfare is to prohibit all contact with the child, then this becomes a custody and visitation issue and would then be an issue in that determination that you would argue, which if the court agrees with you, would limit his contact through the custody rulings, not by way of a restraining order. Sincerely, Steve
Customer: replied 1 year ago.
Thank you for your help. Is there anything she can do to possibly speed up the custody process due to him not taking proper care of child.. final court not till aug. That is a long time for him to mistreat him him before judge can hear dads mistreatment
Expert:  stevexo replied 1 year ago.
Yes, that is to long to wait.You could try filing an emergency motion for medical treatment enforcement. If the judge agrees that this is an emergency, then he will set it very soon for you. Some Judges through consider nothing short of death to be an emergency. Try it, and the worst that can happen is that he does not give it the status of an emergency, and thus set it immediately. Even then you should get a much sooner date then your trial! This is the best way to get this issue before the court prior to trial. Good Luck, Steve
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience: 30 years helping those with Family legal needs
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