Q: I am currently going through a divorce, and have a restraining order filed on me since November for false accusations.
We also have two children that I have not seen since November. We agreed on a parenting plan in court, and than I found out dhs and liberty house were investigating, I was told if there was no fault, visitation would begin in January. DHS finally called me last month and said there was no fault, and theres no safety issues and that I should be allowed to see my children. I however contacted the court and there not doing anything about it stating that i have to wait until July for our divorce case. I was arrested back in december because i violated the restraining order by texting instead of emailing which was allowed by the judge stating in the parenting plan, my wife would never answer me or she would come up with excuses that the children didnt want to see me. Please help.
A: You will need to contact an Attorney directly and ask for assistance. Justia only offers you the chance to ask questions and meet Attorneys who have profiles on Justia. Sadly the courts have very limited services and are not setting trials until the emergency pandemic orders have lifted. Most Judges and staff are not in the courthouse. Your best bet is probably to hire a lawyer to talk to your wife and see if she will voluntarily agree to some type of contact with you children even if it is limited to virtual contact through video chats. A lawyer might be able to document attempts to be reasonable and the continued refusal of your wife to respond to something a Judge will later feel was reasonable could have very adverse consequences for your wife as one of the factors the court considers is the willingness of either parent to facilitate visitation between the children and the other parent. I think you will have better results if you hire an Attorney to make these points with your wife.
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