Can a parent file for custody and support if a stay away order was placed against them?
Because third party communication isn’t allowed would serving the other parent violate the stay away order?
The "stay away order", as you put it, means just that, stay away. It does not mean you can not have someone else serve the order, or even a sheriff may provide that service for a fee, but you can not.
There are cases where the parents share custody of the children when a protective order is in place against one of the parents. Typically the drop off location is in a public parking lot and the oldest child is given a letter to give to the other parent with any important information, like medicine instructions, or school play times.
February 22nd, 2010 at 4:07 pm
No, because the only relief for such matters is the court, and that can’t be taken away from them.
References :
February 22nd, 2010 at 4:33 pm
Basically anyone with a willing attorney can file against anyone else for anything. You can’t serve the order to show cause to the other party – yes it violates the stay away order. There is service by mail, and process servers are fairly cheap, like $10-25. If you served the summons, be prepared for the judge to express his or her displeasure.
References :
February 22nd, 2010 at 5:18 pm
The "stay away order", as you put it, means just that, stay away. It does not mean you can not have someone else serve the order, or even a sheriff may provide that service for a fee, but you can not.
There are cases where the parents share custody of the children when a protective order is in place against one of the parents. Typically the drop off location is in a public parking lot and the oldest child is given a letter to give to the other parent with any important information, like medicine instructions, or school play times.
References :