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  1. #1
    Join Date
    Nov 2013
    Location
    Centralia, Washington, United States
    Posts
    2

    Default Modifying Custody Based on Custodial Parent's Failure to Enforce a Restraining Order

    My question involves restraining orders in the State of: Washington

    So this might be a little hard to follow but I will try my best. My husband has a ex-wife with two children together. His ex has a boyfriend with two children together. We have been trying to get custody of my husbands children for some time and we did have emergency custody for a while. The judge ordered her to get a protection order against her boyfriend or she would not get them back. So she did and she has had them since September. The boyfriend is still around and she is allowing this. Tonight we received word that The mother was over 200 miles away in another city and she left all 4 kids with him alone to babysit. The police were called and they did nothing but told him that when she gets back he would have to leave. They will not even let my husband go and pick up his children so they are not around this man because of the parenting order and it is not his time. Should he have not been arrested for violating the order? The officer told my husband that because the mother said that he could be there that there was nothing that they could do. This just does not seem right. What do we do?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What Do We Do in This Situation

    Okay - two questions.

    1. Does the RO actually INCLUDE the children;

    2. Without giving too much away, why was the RO needed at all?

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: What Do We Do in This Situation

    You might be thankful that the officer did not act. It's possible that had he acted the kids would have gone to CPS and then it might have been days or even weeks for a placement decision to be made - even back to dad.

    At this point the court should be made aware of the issue if, indeed, there is an RO in place naming the boyfriend as a restrained party - especially if the kids are also listed on the order as protected parties.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #4
    Join Date
    Nov 2013
    Location
    Centralia, Washington, United States
    Posts
    2

    Default Re: What Do We Do in This Situation

    The RO does include the children. While we were fighting for full custody when we had the children in our custody for neglect, she had filed a RO against the boyfriend stating that he was abusive and was being so in front of the children. We had got to read this and what she wrote had confirmed what we have been fighting for. She then dropped it so it was not filed. We showed it to the judge and he was not happy about it at all and he told her expressively that he would not allow the children to go back until she has a protection order in place. She did get one in place so the children were returned. We live at the opposite side of the state so we are driving over there today to file everything we have against her to let the judge know that she is violating the RO and she has a open CPS case right now. We are hoping that he will grant us emergency custody again and see that this is an ongoing problem with her considering she has over 200 pages of CPS reports in 5 years. As for not taking the kids, honestly they would have been better off in state care for a week then 1 day alone with him. It is that bad.

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