If a restraining order is ordered on a father of a child by the mother, can the mother legally leave the state?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a restraining order is ordered on a father of a child by the mother, can the mother legally leave the state?
Asked on January 12, 2013 under Family Law, Oregon
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
It depends on how the order reads. If the order places a restriction on the mother as well and instructs her not to leave the state, then the mother would need to get permission from the court prior to moving. If the order only restricts the father and places no restrictions on the mother, then she can leave the state. The bottom line is: follow the orders. Most orders do not contain restrictions on the movement of one parent-- but they will often include notice requirements. If mother plans to move and her order requires her to give father some type of notice, then the mother should comply with the notice provisions.
As a side note, if the mother has a pending custody case in one state, and then moves to another, she will still need to travel back to the original state to finalize the custody orders as many restraining orders are temporary. If a mother is close to resolving the custody suit, it would probably be easier for her to remain in the state until the suit is finished. In the end, however, she needs to do what is best for her and her child.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.