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Chandy01 · Jan 8, 2012, 08:42 AM

I have an order stating my daughters father is not aloud visitation unless supervised by me. He needed to take anger management before having any unsupervised visits. After that agreement was made my daughters father threatens my life, so I filed for a restraining order. I received a temporary, that when I further went to court became a final restraining order. He has since the. Not made any effort to take any classes and has not motioned to have visitation at all now for two years. At the time of our separation my ex's parents had won visitation rights for unmonitored visitation every other weekend from 1pm-5pm on Saturdays and phone visitation on Sunday, Monday, and Wednesday between 5pm-7pm. I just recently found out my daughters father has been secretly seeing our daughter without proper supervision on the Saturday's my daughter sees her grandparents and they allow it! He's a dangerous man, he's broken his restraining order before and I've pressed charges, he's also made threats on kidnapping my daughter through visitation in the past! I want to know of I can take away visitation all together because they are giving my daughter emotional issues and teaching her that lying is OK?

Fr_Chuck · Jan 8, 2012, 08:58 AM

You will need to go back to court and ask that all visits even to his parents be taken away.

He will of course argue that his parents were there and that they were supervising.

It will be up to the judge to decide.

ScottGem · Jan 8, 2012, 09:02 AM

It is certainly possible. But here is the problem. While the court order specifies supervision is required by you, he is not receiving unsupervised visits unless his parents leave him alone with her. So while his parents are allowing a violation of the letter of the order, a court might not deem it a violation of the spirit. They may decide to simply modify the order to ensure he is not left alone with the child while with the grandparents.

I'm not saying that this will happen. In fact, I hope that the grandparents willful violation of the letter of the order would involve sanctions. The right way to do this would have been for the grandparents to petition the court to allow them to supervise their son's visits.

Its just that you don't know what a court will do.

If I were you I would have your attorney bring this violation to the attention of the court and ask that the grandparents visitation be rights be ended. I think you have every right to do so.

Chandy01 · Jan 8, 2012, 09:20 AM

I wish I had an attorney. I've been representing myself for 5 years. I will be filing an emergency show cause order this week asking for her visitation be stopped. She has a visitation coming up this next weekend and I'm afraid her father will be around then to. After 2 years of visits, this has just started recently in the last two visits. My daughter has been acting different for the past couple weeks so I knew something was wrong. I appreciate your help. I wasn't sure if something could be done or not. Thank you so much, I hope the best comes out of this and my daughter gets released of feeling stressed and munipulated about this situation.

ScottGem · Jan 8, 2012, 09:25 AM

Good luck and keep us posted.

cdad · Jan 8, 2012, 03:27 PM

Did your restraining order say anything about cutody or visitation? The reason Im asking is I don't see how the courts would continue to approve you as the overseer for the supervised visitation with a restraining order in place. In effect you have painted yourself into a corner. Did you expect him to break the restraining order that is now in place?

You have given him a powerful defense as to why it should not be continued as originally stated.