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  1. #1
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    Default Parent Won't Return Child After a Protective Order Was Filed Against Him

    My question involves restraining orders in the State of: New York

    I filed a temporary order of protection against my daughters father, prior to me filing he took my daughter and now will not allow me to see her until we go to court.
    Since he was served with the order he no longer reponds to my emails or texts asking if my daughter is ok. Is there any possible way for me to see my daughter until we go to court on Thursday? I know if he speaks to me he is violating order but i miss my daughter and i want to see her.

  2. #2
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    Default Re: Temp Order of Protection Can't See My Child

    Quote Quoting juana110
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    My question involves restraining orders in the State of: New York

    I filed a temporary order of protection against my daughters father, prior to me filing he took my daughter and now will not allow me to see her until we go to court.
    You don’t mention if you are married or how long ago your daughter’s father took the child. These details matter. You also didn’t provide any details on why you took out the restraining order. If you were in an abusive relationship and you have not spoken with a domestic violence advocate about your situation, you need to do so, immediately.

    Quote Quoting juana110
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    Since he was served with the order he no longer reponds to my emails or texts asking if my daughter is ok.
    If he responded to you, he would be arrested. Sort of makes it impossible for him to do so.
    Quote Quoting juana110
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    Is there any possible way for me to see my daughter until we go to court on Thursday? I know if he speaks to me he is violating order but i miss my daughter and i want to see her.
    Because the timeframe between now and Thursday is very short, it is unlikely you can do anything. If the child is in day care or school, you can pick up your child, but this could start a very unpleasant tug of war over the child that might not best serve anyone, especially the child. I would spend the time with an advocate or attorney preparing for your Thursday hearing.

  3. #3
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    Default Re: Temp Order of Protection Can't See My Child

    Quote Quoting juana110
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    My question involves restraining orders in the State of: New York

    I filed a temporary order of protection against my daughters father, prior to me filing he took my daughter and now will not allow me to see her until we go to court.
    Since he was served with the order he no longer reponds to my emails or texts asking if my daughter is ok. Is there any possible way for me to see my daughter until we go to court on Thursday? I know if he speaks to me he is violating order but i miss my daughter and i want to see her.


    does he have a legal right to have the child with him against your intentions? If not, engage the police to assist in getting your daughter back. If he has a legal right to have the child with him, there is nothing you can do until a court acts. You will simply have to wait it out. Unless there is a reason to fear for the child's safety, there is no reason to do anything until that time.

    If there is a reason to fear for the child's safety, again, engage the assistance of the police to get your child.

  4. #4
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    Default Re: Temp Order of Protection Can't See My Child

    Quote Quoting jk
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    does he have a legal right to have the child with him against your intentions? If not, engage the police to assist in getting your daughter back. If he has a legal right to have the child with him, there is nothing you can do until a court acts. You will simply have to wait it out. Unless there is a reason to fear for the child's safety, there is no reason to do anything until that time.

    If there is a reason to fear for the child's safety, again, engage the assistance of the police to get your child.
    I want to clarify something. If Mom has held him to be the father - even without a paternity determination - it will be a tough sell to get the police to act. New York is amongst the relatively few states where the unwed father is equal to a married father and will leave it up to family court to wade through the tape.


    Mom is stuck until Thursday.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
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    Default Re: Temp Order of Protection Can't See My Child

    Quote Quoting Dogmatique
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    I want to clarify something. If Mom has held him to be the father - even without a paternity determination - it will be a tough sell to get the police to act. New York is amongst the relatively few states where the unwed father is equal to a married father and will leave it up to family court to wade through the tape.


    Mom is stuck until Thursday.
    Not arguing but given the lack of information I don't know if there are any custody orders in place but especially given the order of protection, there is a concern of safety that may cause the police to act.

  6. #6
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    Default Re: Temp Order of Protection Can't See My Child

    The RO was obtained after he took the child...we need WAY more info though, truly

    Edit: OP has another thread - it would appear that he is Dad.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
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    Default Re: Temp Order of Protection Can't See My Child

    Dogmatique;833232]The RO was obtained after he took the child...we need WAY more info though, truly
    surely but just trying to work with the hand dealt for the moment.

    Edit: OP has another thread - it would appear that he is Dad

    Huh?


    I filed a temporary order of protection against my daughters father, prior to me filing he took my daughter and now will not allow me to see her until we go to court.
    there are 2 dads?


    or are you saying OP is being less than truthful?

  8. #8
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    Default Re: Temp Order of Protection Can't See My Child

    No...I mean that the ex mentioned in the other thread is the same ex as we're discussing here.

    I know, I know. I'm sorry. I need caffeine.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  9. #9
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    Default Re: Temp Order of Protection Can't See My Child

    Quote Quoting Dogmatique
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    No...I mean that the ex mentioned in the other thread is the same ex as we're discussing here.

    I know, I know. I'm sorry. I need caffeine.
    So your statement was simply confirming the fact of the man in question is in fact the father of the child, correct.

    I thought about that possibility after I posted.

  10. #10
    Join Date
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    Default Re: Temp Order of Protection Can't See My Child

    Just to clarify he is my ex boyfriend, i recently moved out and on the day that i moved out he kept my daughter and would not allow me to see her. When i went with the police they said he had just as much right to her as I did until we go to court. There was a writ and custody ppwrk we will be going to court this week.

    ****What thread were you reffering to?*****

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