Can an order stop a parent from seeing their children?
An Order of Protection does not determine legal decision making and parenting time(custody). An Order of Protection only discusses safety issues. If an Order of Protection is issued and the children are listed in the order, options are:
- Going to the court where the custody order was first ordered and filing a modification to the parenting time order.
- If the order does not stop contact with the children, it is best to ask a neutral friend or family member, that is not involved with the Order of Protection, to drop the children off back and forth or set up a pickup schedule at a daycare or after school program.
- Filing an action in superior court to clarify decision-making rights or parenting time schedule.
If the plaintiff and defendant were never married or never established paternity through an action in superior court, the presumptive father has no legal right to the children. These rights must be established by filing a paternity and legal decision-making and parenting time case in superior court.
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