Can I file a T.R.O. behalf of my two daughters against ex-wife even if I have no custodies for my childrens.?

Last month My daughters told me ex-wife mother%26#039;s boyfriend kissed then with his tongue. I told this to ex-wife, she got very angree at me, and the kids. made a report with child protective agency, and a police report. got a call from ex telling me I%26#039;m causing trouble and how can I take there words for it. She violated my visitation right by not showing me the kids. I get to see my kids twice a month. I request to see them next month with the dates. she agreed them I got slapped with a TRO. I want to file a TRO on her for the safety of my kids, but I don%26#039;t have any custody custody for my daughters. She doesn%26#039;t believe the kids, and she has threatened me saying she won;t let me see the kids again. Also tried to hit me with her shoe.

Can I file a T.R.O. behalf of my two daughters against ex-wife even if I have no custodies for my childrens.?
Forget the TRO on your ex.... She is not the main concern, for the safety of your children..It is her boyfriend....If what your children say is true, you need to keep on contacting the police. You need to get him away from the children before it goes any farther....
Reply:Since your ex-wife does not believe the children, she will do nothing to remove the boyfriend and the threat to the children. You have already contacted the child protective agency, so you have done what you could there. Your best bet would be to file a motion to modify child custody and bring the situation to the court%26#039;s attention.
Reply:I agree with legal eagle. The problem with a TRO is it is, by definition, temporary. You should retain an attorney and go to court to modify custody. Your greatest problem is proof. How old are your children? Will they tell a judge what happened? There%26#039;s is no %26quot;magic%26quot; age that makes a child qualified to be a witness. I%26#039;ve represented probably close to 100 children in court over the last 27 years. The court will only want your child or children to tell the Judge that she knows the difference between a lie and the truth. (I don%26#039;t think both of the daughters need to testify--one will suffice). This has to be handled cautiously. If your wife gets to the children before you get into court, she may be able to threaten them into lying. A good attorney can get your daughter to reveal that threat. What your daughters told you is hearsay, although there are exceptions and it can probably be admitted. However, your statement about what your daughters said is not enough evidence. Building a legal case is analogous to building a wall--1 brick (piece of evidence) at a time makes a strong case. While throwing the shoe is not very significant alone, it%26#039;s another brick in the wall. Timing is crucial to your case. If what your daughters said is true, the sexual abuse will escalate. Please see a good family law attorney for at least a consultation to plan an effective strategy. Have you tried your state%26#039;s version of child protective services? They could interview the children at school without your ex knowing about it until it%26#039;s over. That would be a good way to build the evidence. It takes a different level of legal skill to effectively question a child in court. Please see an attorney.



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