We currently have a temporary parenting plan in place requiring a 50/50 custody split every other week (the children are only 1 and 3 yrs old). We live 60+ miles apart. Parenting Plan designates a midpoint exchange place. He his stalking and harassing me to extremes. I want to file for a restraining order but I am very afraid that if I do-he will keep the kids the next time he has them stating "I cannot return the kids to their mother because I am "refrained from doing so". My lawyer says that the restraining order will go to the "parenting plan judge" to decide on the exchanges--what if the above happens while the restraining order is with the Judge? What happens to me IF I don't get a restraining order? My #1 priority is being with my children, but their father is an abusive control freak and I am really afraid. I have filed 5 police reports within the past 60 days and nothing is being done to him! Please advise.

Do you have a brother, father, minister, or a close family friend that can go with you? States/counties have Guardian Ad Litems that may assist you - assuming your in the USA. Can you ask the judge to have someone from law enforcement or the court to be there at the exchange? In a perfect world your ex would know better than to display any bad behavior in front of the children.

You have to arrange for a third party exchange. You say the plan designates a "midpoint exchange place". Is that just a general location like some town or it s a very specific location. If it's a general location, try to find the nearest family services agency. Or a day care center. Arrange with them for the child to be dropped off, at which time the parent doing the pickup can be called. The picking up parent can be in the vicinity waiting for the call.