Thank you for your question. Please permit me to assist you with your concerns. To ensure that I do not miss anything, I will go point by point with your questions and respond to each listed.
He has no custody or rights to the child at the moment so is he allowed to do this?
Yes, he does. He is still the legal parent of the child. And as a legal parent he can always seek custody, or rights, and can claim if there is a basis for doing so that since the child may be in an unsafe environment, the judge has to evaluate the order. Technically anyone can file this against you, but closer family are given more weight. For example, and again this only a hypothetical--if your neighbor saw your significant other hit your child, that neighbor could contact Child Protective Services and potentially file for a restraining order on behalf of the child if she hires a Guardian Ad Litem. A parent whose rights are not severed can just do that on behalf of the child even if that parent might not have legal rights at that moment.
Also, since I am the one with sole custody and this is where the child resides should I not have been served or informed of this as well??
My apologies but informed of what, that the order was granted? Please advise!
Please let me know what you mean so I can help finalize my answer, thank you!