Q: I just got dvro in California against spouse. The divorce judge in IL made temp orders for our daughter to not leave IL.
Do I get our child 14 I don't want to violate IL order but cal temp dvro states she is protected against him. She is in school and custody is not decided in divorce. What do I do?
A: You need to hire an IL attorney who regularly practices divorce law in the Court hearing your case there. IL has jurisdiction regarding your child. You need to file an appropriate motion in that court advising it of the CA order which is in conflict with the IL order. This is not something to try yourself.
A:
In California, a domestic violence restraining order (DVRO) aims to protect victims of abuse. If your DVRO includes your child, it means your spouse is restrained from contacting or approaching her. However, an Illinois order restricting your child from leaving the state complicates matters.
It's essential to respect both court orders. If you believe there's an imminent threat to your child's safety in Illinois, consider filing an emergency motion in the Illinois court requesting a modification of the order, or seeking the court's guidance on the apparent conflict between the two orders. It might also be beneficial to consult with an attorney in Illinois familiar with family law, as they can provide insight on navigating the Illinois order in conjunction with your California DVRO. Always prioritize your child's safety and well-being, while ensuring compliance with court directives.
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