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Is it possible to file a restraining order to keep a 5 year

old from spending time with...
Is it possible to file a restraining order to keep a 5 year old from spending time with her disabled father who wants to put her on a four wheeler which I feel is compromising her safety? I feel it is unsafe given that he is a paraplegic and refuses to compromise or go through mediation.
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Answered in 5 minutes by:
9/19/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,720
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Are you and the father married? If not, is there a custody order in place? What does it say? What state do you live in?

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Customer reply replied 2 months ago
We are divorced and have share custody. The custody arrangement says we both make decisions like this jointly but that was not the case.
Customer reply replied 2 months ago
We live in Missouri and have 50/50 custody.

Thank you.

When a parent is putting a child in danger, there are a couple of options. It'll just take me a few minutes to type them up for you.

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1. Since the court order requires joint decision-making, if he's ignoring that order, he's in contempt of court. You could file a Motion for Contempt of Court, asking the judge to penalize him for not following the order. This can be done on it's own or in conjuction with #2.

2. A Motion for Modification of the Order, explaining to the judge that you believe the father is endangering the child's safety and requesting that visitation be denied as a result (especially since the father has already disregarded the order by refusing to discuss the situation with you). If his parenting time is coming up soon, it is possible to file an Emergency Ex Parte Motion for Modification, explaining to the judge that the child is in danger and should not be allowed to go with the father until the court holds a hearing. Ex parte motions can be tricky, so it would help to have a lawyer, but you don't need one. This is the option that is closest to a restraining order.

If you simply don't let the child go, then you run the risk that he'll have you held in contempt of court. You can defend the contempt on the basis that you were acting out of concern for the child's safety. However, it is possible that the judge would take action against you. Usually it's a fine for a first violation, but that might not be a risk you want to take. There's also the possibility that if you don't let the child go, he'll call the police. So it may be better to go to court first.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,720
Experience: Attorney with experience in family law.
Verified
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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,720
30,720 Satisfied Customers
Experience: Attorney with experience in family law.

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