QUESTION
Has this order expired and if not, what are the steps I need to take to protect the children?
Asked on Aug 20th, 2014 on Child Custody - Nevada
More details to this question:
I have a custody order that states that my ex-husband is enjoined from allowing the children to be near or around or in the presence of his brother or parents. A known and provable violation of this order will result in the immediate suspension of his visitation with the minor children. This injunction precludes the minor children from residing in the paternal grandparent’s home for any period of time. The paternal grandparents are not allowed visitation. All this due to physical, emotional, and verbal abuse. We were released to go back to California to live. When the children went out to visit, I was told they were staying with a friend of the family. I have just found out that they have been staying in the paternal grandparent’s home for about 6 or more years on visitations and all summer long. They were instructed by their father to not tell me, that if they did, he and their grandparents would get in a lot of trouble. This Decree of Divorce and Custody was finalized February 2, 2006 in the state of Nevada.
3 ANSWERS
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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If the divorce was issued in Nevada or the restraining order was issued in Nevada, you need to talk to a Nevada attorney. California attorneys cannot give advise about Nevada questions.
Answered on Aug 22nd, 2014 at 7:49 AM
No, such orders do not "expire" - but they can be altered, and a question could be raised whether by passage of time and acquiescence, the order should not be enforced going forward. If there has been no repetition of the behavior that led to the order in the first place, a court may decide that no actual harm ever occurred from any violation of that order. These matters are very fact specific, and you should consult with a family law specialist to analyze your specific facts and circumstances.
Answered on Aug 22nd, 2014 at 1:31 AM
Personal Injury Attorney serving Reno, NV
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Law Offices of Jill K. Whitbeck
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Unless a new order has been issued, the old order is still valid an enforceable (assuming the children are still under the age of 18 once they are 18, they can associate with whomever they wish).
Answered on Aug 22nd, 2014 at 1:29 AM