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I have an order in place from the Family Court Judge which

states my daughter is not...
I have an order in place from the Family Court Judge which states my daughter is not to be left unsupervised with her 18 year old step brother.
I found out that recently the Mother allowed the brother, unsupervised, to pick up my daughter from school, and drive her home unsupervised.

Can I treat this like a restraining order and go to the police and request a temp change to have my daughter placed in my custody due to the violation? Or is this still treated as a Civil Order and I must bring it to the attention of the Family Court Judge?

We are actually near the end of a custody evaluation with a Psychologist. Would the Judge even entertain this or wait to see what the Psychologist says in his report. Which still could be a couple weeks away.

Thank you.
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Answered in 4 minutes by:
10/1/2012
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,932
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello, my name is Ely. I am here to help you. There may be a slight delay between your follow ups and my replies as I type out a reply. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.

I am very sorry for your situation.

Can I treat this like a restraining order and go to the police and request a temp change to have my daughter placed in my custody due to the violation? Or is this still treated as a Civil Order and I must bring it to the attention of the Family Court Judge?

I am sorry to state that this would have to be brought to the attention of the family court judge. Unless the child is in immediate danger, then the police are really not going to do anything. Ergo, this is more of a contempt motion matter.

We are actually near the end of a custody evaluation with a Psychologist. Would the Judge even entertain this or wait to see what the Psychologist says in his report. Which still could be a couple weeks away.

If there are already orders in place for the child not to be left unsupervised, then this order may be upheld via contempt without the need for the psychologist to give their insight. The Court should enforce any order it has via a show cause motion.

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Ely
Ely, Counselor at Law
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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