Shared parenting arrangements can be complicated in the friendliest of divorces, but they can be especially challenging when one spouse or ex-spouse has an order of protection against the other that calls for “no contact” between the former spouses. In those cases, special exceptions may need to be included in the order of protection to accommodate for parenting time for the spouse who has the order of protection against him or her. In addition, the order of protection may need to include a process for communicating about the children and shared decisions that must be made concerning them.
Frequently when an order of protection is issued as part of a divorce case, there are provisions within the order that allow for special arrangements when the child is moving from the possession of one parent to the other for parenting time.
For example, if the parenting time agreement calls for the child to go from one parent to the other at a specific location, an allowance could be written into the “no contact” order that would allow for the two parents to be in the same space for a specific period of time during the transfer of possession. As an illustration, if the exchange of the child is at the home of the primary residential parent, the order of protection may provide that the parents can have contact at that home only when parenting exchanges are to occur, or it could state that the exchanges occur at the porch or even curbside. Another example could be for a specific person to act as a go-between, delivering the child from one parent to the other (such as a relative, babysitter, or close family friend or at a police station or place of worship).
If a “no contact” order was issued without a specific direction for how a child can go from one parent to the other, then both parents must abide by the “no contact” rules and cannot be in the same space when the child goes from one parent to the other. Depending on how the “no contact” order is written, a third-party may also have to be involved in communications between the two parents.
In circumstances where a “no contact” order is issued without a provision to account for parenting time, the parent who has the “no contact” order against him or her may petition the family court for such a provision to be created. It is recommended that you contact an experienced family law attorney when making any kind of request to family court.
