QUESTION

What will happen to me and my child if I speak to and let him see her whilst he is on bail for assault by beating me?

Asked on Feb 03rd, 2013 on Child Custody - Delaware
More details to this question:
Is not allowed to contact me directly or indirectly and has to go through solicitors to have contact with her?
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6 ANSWERS

As a parent, you are charged with putting your child's long term best interests and stability first, before your own needs, desires, and dreams, and before the father's needs, desires, and dreams. The fact that when you wrote your question your main fear was what would happen to you, if you disobeyed the court order is a red flag. Because the court has issued a restraining order protecting the child's best interest, your desire to allow her father to see her may well be a sign that you cannot properly put her interests first. If you were to disobey the court's orders, it would certainly be a factor in deciding if you are a fit person to protect and raise this child. A person does not change overnight, he must show long term stability and non-violence (even in the face of difficult circumstances), otherwise he has not really changed. See how his life is going after 6 months months, then get advice from a counselor, and see if it would be a good thing for her to be around him regularly again. Listen to the court on this issue, if they issued protective orders, it was probably for a good reason. Let the protections that the court put in place, actually protect her.
Answered on Feb 05th, 2013 at 10:51 PM

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You are putting your child in danger. There is a restraining order. Follow it.
Answered on Feb 05th, 2013 at 10:50 PM

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John Arthur Smitten
If he gets caught he will get arrested. That is a violation of a no contact order.
Answered on Feb 05th, 2013 at 10:49 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Speak with an attorney, but generally if the court has granted the order to protect you and you allow him to violate it the court will look at that with great disfavor and not attempt to protect you again. Therefore you will have give him the license to repeat his behavior.
Answered on Feb 05th, 2013 at 10:47 PM

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Family Law Attorney serving Newbury Park, CA at Tristan Tegroen, Attorneys at Law
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The answer to this depends on what the existing court orders are: I am sure the criminal court would have issued an order protecting you. Is the child included in that order? Then, did you get a CLETS order in family court? And is there a visitation order? If there is a visitation order, it would have been carved out, hopefully, with the risks being fully considered. If not, you should seek to modify it. If there is no visitation order in place, it is time to get one swiftly. No visitation orders, means visitation (which includes phone contact etc) has to be worked out informally pending a court date. The bottom line, is what do you think is in the best interests of your child now? Is he or she missing her father? There might be little harm in letting the father speak to the child on the telephone as long as the conversation is within the parameters of any protective orders, and the conversation is age-appropriate. So, a lot depends on the age and maturity of the child here too.
Answered on Feb 05th, 2013 at 10:45 PM

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Estate Planning Attorney serving Wilmington, DE at Reger Rizzo & Darnall, LLP
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He will be in violation of the no contact order and could be arrested.
Answered on Feb 05th, 2013 at 10:37 PM

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