QUESTION
Does a restraining order have trump over guardian ad litem?
Asked on Dec 06th, 2013 on Child Custody - New York
More details to this question:
I have a restraining order against my children's father, he is extremely unstable. The guardian ad litem is trying to give him unsupervised visits after he threatened to commit suicide. Does my restraining order trump her decision?
3 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably, unless the GAL is in the retraining order case. Even then the judge has to order a change in custody. In Idaho the GAL would not have the authority to change the custody arrangement, only the judge can do that.
Answered on Dec 09th, 2013 at 7:54 PM
Bruce Provda
Discuss this with your attorney, but if the restraining order is against him being with the children then that would preclude visitation. However, if the restraining is just against him being near you, it might not.
Answered on Dec 09th, 2013 at 7:54 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The order of the court trumps any recommendation, unless it is made an order.
Answered on Dec 09th, 2013 at 7:54 PM