My brother has custody of his 2-year old son. His mother gets visitation every other weekend. Several months ago, the child's mother's boyfriend threw a phone at my nephew and gave him a black eye. My brother applied for and receieved a restraining order prohibiting the boyfriend from having any contact with the child and he must not be at all present during the mother's weekend visits. Today, the mother informed my brother that she had her boyfriend babysit the boy last night. So I guess first question is can she be arrested for allowing him to babysit even though the restraining order is not against her personally? My second question is, since she just told my brother this when she dropped the child off today, he doesn't have any proof. What legal ways could we go about getting proof in case it happens again? Also, my brother was awarded temporary custody of her 2 daughters from previous relationships during their divorce proceedings. When the divorce was finalized, the judge gave the mother custody on the condition that she stay away from this same boyfriend. (complaints were filed by one of the child's school) She agreed, but then moved back to this state from Nebraska. He followed a couple weeks later and lives with her now. Is there anything my brother can do about this since they are not his biological daughters? Please help. We are very frusterated.

1) First about his child. He can file a complaint against the boyfriend. And let the D/A sort it out. Also there will be a record on file. Another thing is if he drives a car he could if this is a reguler habit hire a private investigator and document that he is there at the residence. From there arrests will follow. He can apply for a modification of supervised visits for the mother because of neglegence.

2) The other non bio children. The only thing that can happen really is if he knows for sure or has proof of what your saying that was put into orders of the court. Then he could call CPS on the mother if the boyfriend is also there and they will take the children from her.