My son is trying to pick up his daughter. His ex was arrested on possession of Meth, making it and having their 5 year old daughter in a Meth house for two days (child endangerment). The child was given to the ex parents temporarily. When my son arrived in the town where they reside he discovered they took out a restraining order on him. He contacted the police and a lawyer who said he could not get his daughter before the set court hearing date. I can't understand how they can do this. My son has never threatened them once. He has never been arrested and has a good job and clean record. But We are afraid he will go to court and not be able to get her because of a false claim. Any advice?

How far away is the court date? I'm not a lawyer but if there is a court date to decide the validity of this restaining order can't he petition to have the court date set sooner?

They can do this by lying. If they lied then your son's lawyer should be able to show that in court and get the order lifted. Why does this surprise you? You think every is going to be honest and truthful? This is a custody battle and that can get nasty.

Does your son have visitation rights ordered by the court? Does he have joint custody?

Evidently the grandparents were awarded a temporary restraining order. Was your son ever served with this restraining order? He should have been, along with a court date for a hearing to determine whether to make the restraining order permanent. If there is no concrete evidence to support it then there should be no problem.