Legal Question in Family Law in Missouri

Conflicting restaining orders

My 26 month old daughter has been in my custody since 3 months of age. 24 of those months my daughter and I lived in the state of Missouri while her mother lived in illinois. last june the mother decided that she wanted my daughter back and filed for a restraing order while my daughter was in my custody. At the same time I also filed for a restaining order and we both have them mine in Missouri and the mothers in Illinois. My daughter has never left my custody in that time. My daughter and I now Live in Illinois also. My Question is whose restraing order has authority over the other?


Asked on 2/01/02, 4:18 pm

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: Conflicting restaining orders

Without reading the two restraining orders to determine their jurisdiction and application, it is difficult to advise you. You should not violate any restraining order except for good reason (emergency, to carry out another court order, etc.) Usually, such restraining orders permit child visitation or other contact between parent and child, but you are advised to consult with a local attorney, sheriff's office, Dept of Children & Family Services, or other who can arrange for parent/child contact without violation of the two court orders. You may have to ask your court to amend the restraining order to avoid conflict.

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Answered on 2/01/02, 7:42 pm


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