Q: When a temporary court order is vacated does the original order go back in place?
My child's father and I have had a parenting plan filed with the court since 2011 where I am the custodial parent and he gets visitation every other weekend. After an argument I had with my 18 year old my son went to his father's and was not returned. After being gone for 3 weeks his father filed emergency custody claiming my son was afraid of me. A hearing was set and the judge vacated the temporary order because my sons father said we would meet over the weekend and work out a plan. Since then he has made excuses why we cannot meet. It's going on 5 weeks since I have seen my son and when I request the original order be followed he tells me there are rules that I must follow to see my son even though the judge stated there were no supervised visits required. I want to get my son back since it is becoming a control game and my son has told my other children he is not afraid of me. I worry that the longer this goes on the more damage it will do to him, my other children and myself.
A: If the court completely vacated the temporary restriction, then the original order goes back into place. However sometimes the court will vacate the restriction but implement new provisions so you want to make sure that you completely understand any order that was a result of the emergency motion.
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