Minneapolis, MN asked in Criminal Law and Family Law for Minnesota

Q: Does a DANCO order supersede a divorce decree when it comes to transfer of children.

For example. Mother had protection order from the Father. In the divorce decree they agree to a mutual transfer of the children in a public place. Before the divorce decree was final the Father was facing charges of violation of the protection order and the Judge put a DANCO on him pending adjudication of the violations. Because of the DANCO the father has had a family member meet the mother for transfer. 10 months after the divorce decree was final the father was sentenced for the violation and the judge ordered the DANCO order and probation. Only contact is through a monitored app. Now the mother is trying to tell him he has to do the transfer of the children not the family member who has been doing it for over a year and a half. If the father goes to transfer the children can it potentially violte the DANCO?

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2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: The DANCO would control any contact that father would be able to have with mother. Father will have to continue having a third party handle the pick up and drop off of the children.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Basically, yes. Typically the DANCO would be both more specific and more recent. If there is a conflict between a family court order and a DANCO, it would be a good idea to either follow the more restrictive of the two, presumably the DANCO; or and until bring a motion before the judge in the criminal case to modify the DANCO. Discuss further with your criminal defense attorney.

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