Friday, October 10, 2014

Is filing a petition in family court a violation of a criminal court restraining order ?

Q: My ex and I share a common child. She moved with the baby to north Carolina without my knowledge in the midst of an active restraining order against me. I have to stay away from her not our child. Does filing a petition against the mom constitute a violation of the restraining order? And do I have 90 days or 6 months before the child's home state loses jurisdiction?

A: David's Answer: Filing a violation petition constitutes only your allegations - it does not prove your case as she's entitled to a trial on the issue. Moreover, if there were no prior orders of custody or visitation in NY, then 6 months is the rule for home state jurisdiction. - David Bliven, Westchester Family Law attorney (

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