Hello, I am coming with a odd question I need answered. Recently My nieces mother kidnapped her. Her mother and my brother have been to court and have joint custody of my 16 year old niece. In the order, it is said that my niece is supposed to live with my brother fulltime and visit her mother on the weekends and 6 weeks in the summer. Well This summer her mother chose not to pick her up all summer until the week before school would start. My niece was at my house most of the summer so her mother texted me asking to pick my niece up for the weekend. I was like sure. We met up and she picked my niece up. Monday was labor day so school started Tuesday. My brother called me asking if I had seen my niece I said not since her mom picked her up. He said he drove to her mothers home (which is about a hour and a half away) and found out her mother had moved without telling my brother. (trust me it is SO like her to do that) SO my brother goes up to her school and they said they have not received word of a change in schools. Long story short my brother found out that her mom had taken his daughter, would not disclose where she is with her and said she is putting her in school where she lives under the mothers last name, not my nieces legal last name. SO she does not plan to give her back to her father. I called a few times asking what her problem was and how I was upset about her game playing (because she does things like this every year) I kept calling since she would not answer my calls. That was the start of September. Since then I have left it alone since we have no info on how to find my niece. SO she is going against the court order that was given. My brother is hurt and upset. So anyway, today I heard a banging at my door, it was the sheriff. He asked my name I told him, he said there is a restraining order put against me. It was from my nieces mother. She put a order on my for a 2 year span of time saying I have been harassing her and my niece. Saying she does not want me to see or be around my niece or her for 2 years. Mind you my niece spent most of the summer with me and my kids. I called my brother and told him what happen today and he was surprised. Our question is is it legal for her to put a restraining order on me for my niece with out him also knowing or agreeing... not forgetting she is going against a court order already by taking my niece and not letting him know where she is and her suppose to be living with my brother. What actions can he take to reverse the restraining order and in the long run get his daughter back.

Confused in MN.

First off if your neice really is with the mother and it is outside of her time granted by the courts and she also refuses to return the child it is parental kidnapping.

The father needs to file charges and may even be able to get an amber alert going. The restraining order is illegal. You need to fight it. Talk to a local attorney and see what it is going to take.

Contest the restraining order and request a hearing - in my state, AZ they go hand-in-hand. It was a one page form I filled out disputing the restraining order and went before a judge (more informal than a typical hearing in my case) and I got to present my side of why I thought it was inappropriate.

Keep in mind, a restraining order is simply one person telling a judge whatever they want, to try and convince a judge that it is an appropriate decision. Actual evidence is not even required. It is all one-sided. They just have to show reasonable suspicion in order to get one, they are not very hard to obtain.

Court papers to contest the order should be easily obtainable, maybe even online. Bring your brother to the hearing to substantiate your side as well as a third party, if available, to corroborate that you had your niece the majority of the summer. Text messages and emails can be helpful if they support your side.

My first thought is a police report and an emergency child custody hearing, initiated by your brother.

... Our question is is it legal for her to put a restraining order on me for my niece with out him also knowing or agreeing...

Whether the mother can "put" a restraining order against you without the father's permission is beside the point. What typically happens is that she would have filed an affidavit with the court alleging all sorts of things. The judge is the one who actually issues the order, at the request of the applicant (the child's mother, in this case). It would not be for two years; normally it would be for a few days, only until a hearing can be held at which time you get to tell your side of the story.

Get an attorney, find out when the hearing is scheduled, and be there with your attornney and with the child's father.

You go to court and prove that the restraining order is false, and unfounded.

The father, gets a court order, to get the child. And goes gets the child.

You must know where child is, for everyone to know, child registered under mothers name.
* which really is not possible in the US, since they will need birth certificate, and a copy of the previous schools records.

The father gets an attorney

It is legal for her to request a restraining order. But for a permanent order to be issued, there needs to be a hearing.

What I'm wondering is why your brother has not gone to court to have her cited for contempt of court? If she truly is hiding from the father, then he should consult with the local attorney general about parental kidnapping charges. If she is registering her in school without legal documentation that is fraud. The mother is looking at serious charges and your brother needs to pursue those.

... he should consult with the local attorney general ...

Unless OP is in the state capital, "local attorney general" is an oxymoron. An attorney general is typically the head of the state department of law (or equivalent agency) or federal Department of Justice. What you mean is "local district attorney", "local prosecuting attorney", or similar title.

But, in some cases, family matters like this ARE handled by the states Attorney General's office.