Navigating Child Visitation When a Restraining Order is in Place
When a restraining order is in place, arranging child visitation can be a challenging endeavor. This article provides a comprehensive guide to help parents understand their options and responsibilities, ensuring they comply with the law while fostering a healthy relationship with their children.
Understanding Restraining Orders
Refrain from dropping your child off at the police station for visitation; this might not be the most practical or legal approach. The key is to work through the situation with the help of an attorney. Understanding who has the restraining order against whom, and what it entails for your visitation rights, is crucial.
Consulting Your Attorney
Discuss your legal situation with your attorney. Determine the specifics of the restraining order and how it impacts your visitation rights. If the restraining order is against you and its purpose is to safeguard your children, visitation should not occur. However, if the order is between both parents, you must ensure that the restrained party does not come into contact with the other. Supervised visitation might be a prudent option, which can be managed by a family member, friend, or professional organization designated for such purposes.
The Role of Supervised Visitation
Supervised visitation involves having someone else, such as a friend, family member, or a designated agency, oversee your interactions with your children. This type of arrangement can help ensure the safety of both the children and the parent seeking visitation. Most counties offer supervised visitation services, making it easier for parents to arrange visitation in a controlled setting.
Role of the Court
The court typically determines the specifics of visitation. If domestic violence is involved, any minor children are included in the restraining order, and visitation is generally prohibited until the court makes a final decision. Therefore, it is essential to consult with your attorney to understand your specific legal obligations and explore possible options.
Emergency Applications and Solutions
If you find yourself in a situation where you need to visit your children despite a restraining order, consider filing an emergency family court application. This application can allow you to have supervised visits, provided you keep a safe distance from the other parent.
Handovers can also occur between you and a family member rather than the ex, but it is imperative to maintain a neutral and professional demeanor. Use your children to continue any antagonism towards your ex-partner can lead to legal complications and further strain on your relationship with your kids.
Conclusion
If you have a restraining order preventing you from seeing your children, it is crucial to adhere to the order. However, if the order is against seeing your ex-partner, supervised visits or alternative arrangements can be beneficial. Always consult with your attorney to navigate the complexities of a restraining order and ensure your visitation rights are protected and upheld.