Phoenix, AZ asked in Family Law and Child Custody for Arizona

Q: I got an OOP after my ex got court order to turn over minor to him . Will I get in trouble? Do I inform the court?

I had residential custody and he had ldm and suddenly without consideration of his consider it d v past a judge grabted him custody of our minor even if he's probation for abuse of her and violating an oop, and with medical reports stating she is autistic and terrified of him and needed medication and has ptsd and still she ordered me to turn her over. I went and got an OOP and he has not been served. Bia keeps calling me to turn over minor and I don't know if I will get in trouble for disobedience of judge but my daughter threatened to commit suicide and is terrified and we r listed victims on a case he is on probation w city of Phoenix. I believe she is In imminent danger if she goes with him. Should i file notice with the court of the new OOP? Can judge dismiss it? I have all the medical records and Dr letters she is disabled and we r victims.

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1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: You need to stop and consult with an attorney. I certainly understand why you did what you did, but I worry you could be making a bad situation worse.

The Order of Protection has not been served, so it is not in effect. That means you are technically violating the order when you do not hand over your child.

Can you get in trouble? Yes, but it may depend on how the judge views what you did. I think the sooner you discuss your situation in-depth with an attorney, the better off you will be.

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