There is the old adage-People in glass houses should not throw stones. When it comes to Rhode Island Family Court, I go one step farther and state “If you play near the fire you may get pushed in!”
Example: women “Jane” lives with her “fiancee” and they have been together for 3 years in a relatively stable household. Her fiancee is the best thing that ever happened to her and he is a provider for the child. She plans on a marriage to him in a year or so. He is wonderful to her son and they play baseball in the backyard on a regular basis.
After a combative abusive relationship with her ex, her new fiancee is a breath of fresh air.
She has a 4 year old boy with her ex boyfriend and she absolutely despises his new girlfriend. His ex girlfriend called her names and she had to get a restraining order. She has joint custody of her son with her ex and she has physical custody of the child. She also believes this woman is a bad influence on her child. She believes her ex is constantly dating new woman and this is confusing and detrimental for her child. Furthermore, his new girlfriend smokes marijuana and was arrested 4 months ago for possession of marijuana.
Jane and her family law lawyer obtain an ex-parte restraining order against her ex having the child overnight in the presence of his girlfriend. The judge issues the emergency restraining order for a 20 day period and his girlfriend moves out and has to sleep on her mother’s couch
Her ex boyfriend is livid and plots revenge.
He previously had no problem with his ex’s fiancee and even believed that her fiancee actually was a good influence on his child. Nonetheless, his Rhode Island Family Court Attorney files a restraining order against his ex also having overnight visitors of the opposite sex when the child is home. Jane objects and says it is not fair because he is a good influence, the child loves him and she is planning on getting married. She says this will ruin her life and her plans for the future.
The Providence Family Court Associate Judge says “what is good for the geese is good for the gander” and states that neither party shall have overnight visitors of the opposite sex while the child is present until she can hear the matter in a few months.
Welcome to RI family Court!
http://www.osbar.org/public/legalinfo/1140_RestrainingOrders.htm Restraining Orders and Domestic Violence by the Oregon State Bar
http://www.law.cornell.edu/wex/child_custody Child Custody- An Overview
http://www.avvo.com/legal-answers/can-u-have-overnight-guest-of-opposite-sex-when-mi-613777.html Can u have overnight guest of opposite sex when minor children are present if divorce has not been filed?