Legal Question in Family Law in California

Restraining order on Family member

I have primary custody of my son. My son's mother and her brother continue to make derogatory remarks about me and my wife to my son. My son comes home and tells me what they say and states that he's upset and wants them to stop, especially his Uncle.

I contacted the Uncle and asked if he thought it was appropriate to be saying things to my son about me and he stated yes he thought it was. I asked him to stop and he stated no he would not. He said he would continue to say anything he wanted to my son and there was nothing I could do about it.

I told him if he didn't stop my son would not be allowed around him and he told me if I tried to keep my son from him during his sisters time he would mess with my family.

What he said I know is considered hearsay, but is there anything I can do? Can I get a restraining order preventing him from being around my son - ever? I am the father, this is my son. Can't I prevent someone from being around him if I feel that person is detrimental to him?


Asked on 10/11/05, 1:14 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Restraining order on Family member

You should seriously consider getting some counseling for your son. This will help him cope with the unfortunate conduct of mother and her family. It will also be helpful if there is a battle over visitation and mother's conduct. Courts routinely issue orders that a parent is not to make, or allows others to make derogatory comments about a parent. If this order is not complied with the court can restrict visitation and if necessary order supervised visitation.

The counseling referred to above will also reduce the possibility that your child is not reporting this conduct because he thinks that is what you want to hear. It is not uncommon for children to misreport the other parents conduct as they think that this is what that parent wants to hear.

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Answered on 11/03/05, 1:42 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Restraining order on Family member

we empathize with your unfortunate parental situation here. there are various legal ways you may be able to effectively accomplish what you are seeking here, i.e. an OSC hearing, but more information would be needed from you for complete direction. if you would like our assistance, contact us today.

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Answered on 10/11/05, 4:55 pm


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