Legal Question in Family Law in Missouri

An Ex Parte (without the other person) temporary restraining order can be of anyone the petitioner names. For that reason, the courts generally schedule a hearing very soon after the temporary order is issued to give the other person notice of the matter and an opportunity to come forward and prevent the order from being extended. Given this practice, it is conceivable that parent can name their child that does not live with them as a person to be restrained. But, if you meant that the mother was requesting the order to protect the child, then the parent with custody should come forward to respond to the Petition.

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