Injunction possible?


Dear Atpeace:

Greetings. You may possibly be able to get him not to see her, if you can prove the harm. Proving the harm would take a great effort and calling your counselor to court as an expert. In all honesty, the cost would be prohibitive due to the cose date of your trial. My suggestion is that you file a Motion to Show Cause instead which would say that he is actively alienating the child from you, not taking her to school, coaching her for the trial, etc. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


Background: I am in the midst of a custody battle; still not divorced. There was domestic violence. On child, now 6. We had a temporary custody agreement where we had joint legal custody and I was the primary custodial parent. I didn’t like it, but was trying to be reasonable. In short, it isn’t working. He does do homework, doesn’t read books, doesn’t participate in activities. He speaks to her about custody, talks poorly of me to her, burdens her with adult topics and threatens to withhold love if she doesn’t take his ‘side’. I can honestly say I haven’t done any of these things. I have been seeing a counselor with her to work through all of this. Tuesday he has kept her out of school all day during his visit prior to returning her to my care and spoke with her all day about the custody hearing coming up (per the child when I asked if she was sick since she was absent).

She now claims I ‘abuse’ her but can’t give ANY examples. I even put a ‘no spanking’ clause in our temporary agreement because I was afraid HE was too heavy handed. She cannot tell me HOW I have ever abused me - it is obvious to me that he spent the day telling her what to say. He has coached her before and the counselor was intuitive enough to pick up on that.

My question is, can I somehow get the courts to intervene and keep him from seeing her before trial on 3/7 and 3/8? This is tearing her apart - choosing sides and hearing bad things about me. She is upset and confused. Her attitude and behavior in school reflects her disturbed state.

Thank you for your input - my attorney is going to call his attorney about this and may even see the judge in the interim to try to intervene - I just wanted a 2nd opinion.