How to Co-Parent with a Restraining Order

Let’s face it: being a parent is hard. Although it is probably the best job you will ever have, it isn’t always easy or clear how to parent effectively. Even with all the parenting books available, there are still those gray areas that don’t take into account the different personalities of each child, or the parenting style of each parent. To make things even harder, you and your child’s other parent are now exes, and you have a Restraining Order against you, and you are ordered to co-parent. That’s a whole jumbled-up mess in and of itself. What should you do now that you find yourself in separate households? Who gets to see the child on their birthday or holidays? How do you adjust to downsizing from a two-income household to a one-income household? There are so many questions that desperately need answers. While there are no hard-and-fast rules for co-parenting with a Restraining Order, there are some general do’s and don’t’s that will guide you through the multitude of issues of co-parenting with a Restraining Order.

Restraining Orders in General

Restraining Orders are orders that are signed by a judge that directs people what they should and should not do. They are automatic in divorces, and some of the restrictions automatically apply to divorcing couples. For example, the parties are not allowed to move their child out of the state or sell property while the divorce case is still pending. All the restrictions are in place to protect both parties from physical or mental harm, protect the child’s best interest, and to preserve assets. Both parties are informed of the Restraining Order when they get the divorce papers. Each person may contest any part of the Restraining Order and request that it be removed within 30 days of receiving a copy. Most of the Restraining Orders end when the divorce is finalized.

Obeying the Restraining Order

When the Restraining Order was signed, it had conditions of do’s and don’t’s for co-parenting. Possibly the most important rule to successfully co-parenting with a Restraining Order is to follow the order’s conditions. Not only will doing so most likely make things go smoother with you and your ex, but it will also look favorable the next time you are in Court. If the judge sees that you are obeying the Order and doing your part to co-parent in a way that is best for your child, he or she will be more likely to grant you custody, or decide if you will be allowed to see your child at all.          

Custodial Decisions

Judges must make custodial decisions that he or she believes are best for the child. The judge will take into account a plethora of things, such as the individual needs of the child, whether the parents communicate well, and any domestic violence. Courts have agreed that domestic violence is never what is best for the child. In a divorce case involving alleged abuse, the judge could order supervised visits, pause any visitation, or terminate it completely until the domestic violence offender finishes a parenting or counseling class. Therefore, it is in you and your child’s best interest to obey the rules of your Order. You will be more likely to stay in your child’s life, and your child will see how to handle disappointing or challenging circumstances.

Communication with Your Co-Parent

Communicating with your co-parent while there is an active Restraining Order can cause additional trouble. Most of the time, Restraining Orders contain a clause forbidding all contact between the two parties. However, successful co-parenting requires some level of communication. Since contacting your co-parent is an issue in a Restraining Order, it’s best to end all communication with your co-parent. If there are situations that you need to discuss with your co-parent regarding your child, there are several options for routing around this obstacle to successful co-parenting with a restraining order.

First, consider hiring an attorney of your choice to communicate on your behalf. This avenue allows you to relay your wishes without going against the Court’s rules, or possibly affecting your chance of parenting in the future. He or she can perform the leg work of each of the following tips.

1. Ask the Court for an exemption to the Restraining Order that allows for discussing co-parenting matters.
2. Apply for permission to communicate through phone calls, texting, emailing, and any social media outlet.
3. Request that both parties can utilize a third party to communicate with each other.
4. Consider asking for permission to use an actual notebook or diary to discuss any parenting information. Either the child or another party would hand the notebook to the other parent, then back to the original parent.
5.  Think about requesting to use a reliable co-parenting app. These apps allow both parents to send messages, share pictures, stay on schedule, track expenses, including shared ones, and many other functions. There are some apps that are free and some that charge a monthly fee.

If the Restraining Order states that you both may not go near each other, it will most likely designate someone that can get your child to you and your ex. This could be a friend, family member, or a visitation officer. Ask your family law attorney for suggestions of a Children’s Contact Services company, if the judge ordered that one be used.

Most of the time, Restraining Orders determine a certain amount of physical space that must be kept between the parents. This can make attending family and school functions hard. To keep from disobeying the judge’s Order, it might be helpful to plan different times that each person will get there, adjust seating locations, or to take turns with who goes to which events. Just remember that it is the restrained person’s duty to adhere to the Order and to ensure no clause of the order is violated, even if the other parent initiates contact.

Need More Help Co-Parenting with a Restraining Order?

If you are still experiencing issues that are keeping you from successfully co-parenting with a Restraining Order, consider hiring a family law attorney, if you haven’t already. They have the knowledge and expertise to know the legal ins-and-outs of co-parenting with a Restraining Order. They can file paperwork, petition the Court for certain requests, and execute many other legal-related dealings. This will save you time and energy you need to effectively co-parent.

The Take-Away

Divorce brings hard feelings, confusion, hurt, sadness, bitterness, anger, and many more feelings. These feelings don’t go away quickly. And, divorce becomes even more difficult when a child is involved. But successful co-parenting is necessary, especially when a Restraining Order is involved. But it absolutely is possible. Do everything in your power to follow the Order and make things go smoothly for you, your ex, and most importantly, your child. Make sure that you are able to be there for your child by following the terms and conditions of your Order. Show your child that he or she is worth putting aside your own desires, such as the desire to be right or to be heard. If you need help navigating the jungle that is co-parenting, research and hire a family law attorney in your area. You and your child’s relationship will thank you.