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    lilniasa's Avatar
    lilniasa Posts: 1, Reputation: 1
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    #1

    Oct 3, 2008, 11:26 AM
    Retraining orders and child custody
    Me and my fiancé ex girlfriend had a mutual retraining order on each other but she had listed her son on the retraining order too and my fiancé fighting for custody for his son right now what should I do because we live together and we know his ex did that so hatt he won't be able to have his son come over to our house so what should we do.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 3, 2008, 12:00 PM
    Quote Originally Posted by lilniasa View Post
    me and my fiance ex girlfriend had a mutual retraining order on each other but she had listed her son on the retraining order too and my fiance fighting for custody for his son right now wut should i do because we live together and we know his ex did that so hatt he wont be able to have his son come over to our house so what should we do.

    He will have to visit with his son somewhere else OR you can back to the same Court and attempt to get the restraining order changed. Judges are usually not very willing to do that. What is the past history and how is the child involved?

    You can always stay away from the house when the child is there but I'm not sure you can convince the Court that you actually weren't there.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Oct 3, 2008, 12:21 PM

    You will have to obey the order until you get the order charged. How you do that will be up to you
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 3, 2008, 12:25 PM

    Ok, so you and the mother of your fiancee's son have a mutual restraining order preventing you from going near one another. But RO also covers his son preventing you from being with him when he visits his son. Do I have that right?

    If so, then he either needs to see his son away from you, or you need to get the RO changed. The latter involves going to court and showing why the son shouldn't be covered.

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