When parents have a court-ordered custody or parenting schedule, the sudden arrival of a restraining order can create confusion about whether child visitation must continue or immediately stop. In Tennessee, a restraining order can impose important restrictions, but one parent generally cannot unilaterally stop the other parent’s court-ordered parenting time simply because a new restraining order has been issued. If a new court order specifically changes or prohibits parenting time, a parent who wants to alter an existing custody arrangement by seeking relief from the court.
Continue reading if you are navigating child visitation along with a restraining order in Tennessee. Also, it is absolutely critical to speak with an experienced Tennessee divorce attorney to help you with these legal challenges and to protect your rights.
What is A Restraining Order in Tennessee?
A restraining order is a court-issued order that requires a person to refrain from certain conduct or comply with specific restrictions. In family law matters, such orders may arise in connection with divorce, custody, or parenting disputes when the court determines that temporary protections or limitations may be necessary.
The terms of a restraining order can vary significantly. An order may restrict communication between parents, establish requirements concerning contact or proximity, or impose other conditions intended to protect a parent or child. The specific language of the order is therefore critical when determining how it affects an existing parenting plan. Violating the terms of a court order can result in serious legal consequences, including contempt of court findings, fines, and possible changes in child custody.
Can Someone Stop Visitation Because of a Restraining Order?
A parent cannot automatically stop visitation because of a restraining order. If a Tennessee court has already entered an order awarding a parent specific child visitation time, that order remains enforceable unless it is modified, or the new restraining order expressly restricts the current parenting time arrangement.
For example, a restraining order may prohibit the parents from contacting or approaching one another without necessarily prohibiting contact between the restrained parent and the child/ren. In that situation, the parents may need a safe exchange arrangement not involving the parents contact or other court-approved solution, but one parent generally cannot simply decide that all visitation stops. If the restraining order specifically prohibits the parent from contacting the child or requires supervised parenting time, however, those provisions must be followed while the order remains in effect.
A parent who believes that a restraining order creates a safety issue that requires a change in custody or parenting time should file a modification with the court to request that the existing parenting arrangement be changed, rather than taking matters into their own hands.
If a parent’s court-ordered parenting time is being unilaterally stopped by another co-parent, the parent should promptly seek legal advice. An attorney can help determine whether filing an enforcement motion is necessary to restore visitation time.
Violating a court order or restraining order can have profound consequences, including a potential finding of contempt of court and custody-related consequences. Parents should therefore carefully follow the terms of every order currently in effect and seek clarification when orders appear to conflict.
Child Visitation and Restraining Order Help in Tennessee
If a new restraining order has affected your parenting time or you are concerned about your child’s safety, an experienced Tennessee family law attorney from J. Ryan Johnson Law can help determine what the order permits, whether an emergency or formal modification or enforcement is appropriate, and how to protect your parental rights while keeping the child’s best interests at the forefront.
Based in Nashville, and serving clients throughout Tennessee, J. Ryan Johnson Law helps families navigate parenting time and restraining order disputes with compassion, reason, and legal expertise. Contact us today to schedule a consultation and learn how we can help protect your parental rights and your child’s best interests.
