Legal Question in Family Law in New York

interpretation of restraining order

I am in the middle of a custody trial. The father moved to Mass. without telling anyone, and I had a restraining order signed by the judge, the order states, ''ORDERED that Petitioner, (fathers name), be restrained from removing the infant child, to wit: (childs name), born (date), from the Town of SH, NY, pending further Order of the Court'' The father has jurisdiction over the child. After my visitation the grandfather exited the Town of SH with my child and attempted to board a ferry out of state. I called the police, they told me this order was useless - no where does it state the grandfather can't take him out of the Town. They told me the only way the father could be in contempt would be if they saw the father crossing the Town line with the child. They also told me they wouldn't do anything unless an arrest could be made. My lawyer was out of town, so another lawyer wrote this order, she told me the judges intention was to keep the child in the Town of SH. My lawyer will have a new order in front of the judge this Monday. It appears to me the lawyer screwed up, or was it the police that screwed up? -What wording would better suit the circumstatnces? any help appreciated.


Asked on 8/09/03, 2:27 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: interpretation of restraining order

This is very difficult. All I can tell you is that I am happy I am not that police pfficer. I would have trouble looking at myself in the mirror after this one. The police officer should be reprimanded.

The lawyer might have included the language "or cause to be taken from the ______", but I do not think that minor error should have been fatal.

Yes, your lawyer made an error, but it should have been harmless error. This villains are the grandfather, father, and the policeman. And be very sure that the father will be sanctioned for this action. The judge will not tolerate this transparent effort to circumvent her order.

good luck. You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 8/09/03, 4:31 pm


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