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Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 871
Experience:  Partner at Kent Law Group, LLC
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My wife ran away with my child and 5 days later filed

Customer Question

my wife ran away with my child and 5 days later filed for a restraining order which was granted temporarily until a judge could hear from both sides. this was a 15 day order... on the 15th day when I arrived to the hearing the JA told my lawyer that the judge removed herself from the case because the petitioner showed up with a lawyer that worked for a firm that opposed the judge in a previous election. The judge was to pass the case to a different judge and I was given no other info. My questions are 1) How can I see my infant son that was taken from me? 2) What are my rights to be heard in a timely manner? 3) is there still a protection order against me still even after the 15 days have passed with now permanent protection ordered issued?
Submitted: 7 months ago.
Category: Family Law
Expert:  Olivia Kent replied 7 months ago.

Hello. My name is ***** ***** I'm an attorney. I’ll be happy to help you in any way I can. This site is for educational purposes only. Sometimes - although certainly not always - experts have to give you what you deem “bad news” but that should not be a reflection of how satisfied you are with the assistance your expert provided. Experts on this site receive credit for assisting you when you click the rating (the stars) so please submit a rating prior to logging off. By continuing, you confirm that you understand and agree to these terms.


I'm so sorry you're in this situation. I'm not sure if you can presently afford an attorney, but since your situation is time sensitive if you are able to afford one, it would be very helpful to get one. If you are going to proceed pro se, the best thing to do would be to call the court and find out what judge your case has ben transferred to. You can also find out from the clerk whether there is a final restraining order in place - and if there isn't you are free to see your child (you may have to file a motion for this is your wife doesn't grant you access). You are entitled to see your child and to have this resolved in a timely manner, so if it has been inadvertently brushed aside, the court will be able to help you try to address it quickly. If you are unable to get any answers, my suggestion to you would be to file an emergency motion for custody, which will put this on the (relatively) fast-track to resolution; at a minimum it will provide you with access to your child.


Please let me know if you have any questions or you need me to clarify anything.


Please also submit a rating if you're satisfied with your assistance. We only get credit for the type we take assisting you if you are satisfied AND ALSO ​submit a rating. And please don't feel like we have to stop talking after you submit a rating. I'd be more than happy to continue working with you after that as well.

Customer: replied 7 months ago.
I do have an attorney and he was at a loss regarding this and the wording listed in the order that was served to me. this is what it reads... "TEMPORARY INJUNCTION AND TERMS... This injunction shall be effective until the hearing set above, March 21 2016, and in no event for longer than 15 days, unless extended by court order. If a final order of injunction is issued, (which was not because the judge didn't hear the case) the terms of the temporary injunction will be extended until service of the final injunction is effected upon respondent." how would you interpret this??
Customer: replied 7 months ago.
Is the fact that they postponed the hearing have anything to do with the term "extended by court order?" Just because they passed the hearing to another judge does that extend the temporary order?? If so, should I have been informed of this??
Expert:  Olivia Kent replied 7 months ago.

The way *I* read this is that the temporary order did not become a final order. Your attorney needs to contact the court and confirm that there is no permanent (final) injunction. If there isn't, you are entitled to access to your child! The terms of your injunction were NOT extended by a court order. Please let me know if you have any additional questions or you need me to clarify anything.

Expert:  Olivia Kent replied 7 months ago.

You are also correct that if the temporary order had become final you (actually, your attorney) would receive notice of this. Hope that helps!

Customer: replied 7 months ago.
your view is that just because the hearing date has been changed that does NOT automatically extend the temporary order unless the judge that took herself off the case specifically states that she is extending the order until the new judge can make a ruling?
Expert:  Olivia Kent replied 7 months ago.

Yes, that is my view - but your attorney should be able to easily enough get clarification from the judge's clerk. Hope that clarifies things! Please let me know if I can help you with anything else. Please also take a moment to submit a rating if you are satisfied with the assistance you've received. We work hard to prepare comprehensive responses and the only way we get credit is if you're satisfied AND ALSO submit a satisfactory rating. Best of luck.