Order of Protection

[Crockpot]

We are all in Minnesota and we share legal custody.  My ex wife has physical custody.

My ex informed me last night that she has requested (for our children) an emergency Order of Protection against me.  She told me I would be served today.  

Her reason is spanking.  She believes my fiancé (who I live with) and I spank the children when they are with us.  We have spanked on occasion but not in the last few months.  It was never severe and seldom.  

She also told me she would not let me see the kids until we go to court.  I don't have specific court ordered time at the moment.  We are in the process of establishing my parenting time as our divorce just states "liberal."  Although for the last 2 years we've been on an every other weekend schedule.    

She left me a voicemail this AM and said she's reconsidered and I can have the kids this weekend but not overnight.

1. Is spanking a justifiable reason to get an Order of Protection?
2. Isn't her calling to say I can see the kids invalidate any accusations she has of abuse?
3. Since I have legal custody and liberal parenting time can I keep the kids overnight against her wishes?  

Thank you.

[socrateaser]

>1. Is spanking a justifiable reason to get an Order of
>Protection?

Maybe. Depends on the effect on the kids and the judge's opinion of corporal punishment.

>2. Isn't her calling to say I can see the kids invalidate any
>accusations she has of abuse?

It's good evidence suggesting that the other parent may have changed her mind about what she believes is in the child(ren)'s best interests.

But, then there's also that little thing called "proof." Until you actually have the kids this weekend and you get some objective evidence proving it, then if the other parent denies letting you have the kids, it will be your word against hers as to whether or not she actually changed her mind.

>3. Since I have legal custody and liberal parenting time can I
>keep the kids overnight against her wishes?  

Until you are presented with a restraining order, changing the current parenting orders, then the current order controls, and you have the right to continue to keep the kids overnight.

But, if you are served with a domestic abuse temporary restraining order, which contains the standard, "If you violate the terms of this order, you can be arrested and jailed," then that will change your rights, and frankly, the other parent can't independently permit you to exercise custody over the kids.

If she does, and you accept, then be careful, because she could call the police and have you arrested for violating the order, and while the judge might not do anything to you at the hearing because the other parent consented, you would still be sitting in jail -- so, watch out.

[Crockpot]

Thank you for the information.  I will watch out if I am served.  

I have follow up questions.

1. Is her voicemail to me saying I can have the kids this weekend proof enough that she's changed her mind?  She literally said that in the voicemail.  

2. If you're answer to # 1 is 'no,' and I do get the kids this weekend what kind of objective evidence would I need?  

Thanks again.

[socrateaser]

>Thank you for the information.  I will watch out if I am
>served.  
>
>I have follow up questions.
>
>1. Is her voicemail to me saying I can have the kids this
>weekend proof enough that she's changed her mind?  She
>literally said that in the voicemail.  

Yes. Save the voicemail, and also make a recording of it, just in case the phone company resets the voicemail system (it happens).

>
>2. If you're answer to # 1 is 'no,' and I do get the kids this
>weekend what kind of objective evidence would I need?  

Photo of you and kids holding the newspaper published that day should do it (front page). Then, keep the paper, so you can show it to the court, and prove both the photo and the paper match up.