Wednesday, January 15, 2014

How does one get a protective order extended in NYS if your ex keeps calling CPS on you and interfering with your parenting?

Q:  CPS has been called 6x in efforts to have my child taken away. I have numerous texts stating he was going to have child taken and put into the state system and that he was going to get the tri state agencies involved. Its continual harassment in the court as well. He just got served with child support papers just recently as well. Can we say retaliatory?

A:  David's Answer:  You generally cannot get an order of protection for your ex calling in false reports to CPS. Generally orders of protection are meant to prohibit domestic violence & this generally does not constitute same. That said, you can report him to the police, as well as move for sanctions and/or restricted access within the custody/visitation case. Schedule a consultation with a Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (

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