Motion to Enjoin Removal of Child from Jurisdiction

Motion to Enjoin Removal of Child from Jurisdiction of Court

IN THE COURT OF (),

(Name of Petitioner)

V. CAUSE NO.

(Name of Respondent)

Comes now (Name of Petitioner), the Petitioner in the above-captioned cause, and respectfully moves the Court for an order designating Petitioner as the primary residential parent of (name of minor child), the minor child of Petitioner and Respondent, and temporarily enjoining Respondent, (Name of Respondent), from engaging in certain activities in connection with the minor child and Petitioner, and would show unto the Court the following:

1. Pursuant to (citation of statute), this Court has jurisdiction to enter a temporary injunction, ex-parte, to immediately restrain Respondent from committing acts of domestic violence, exclude Respondent from the residence of Petitioner and the parties' minor child, and provide any and all terms this Court deems necessary for protection of Petitioner and the minor child, including directives to law enforcement agencies.

2. During the course of the parties' marriage, Respondent exhibited a history of violent, destructive, and irresponsible behavior directed toward Petitioner and the minor child, and Petitioner fears such behavior has been detrimental to the well being of the minor child. Petitioner believes that Respondent's violent, destructive, and irresponsible behavior is caused by Respondent's abuse of hard liquor. Respondent has recently shattered an empty liquor bottle against the living room wall at the parties' home; left the minor child alone with Respondent's seven-year-old daughter from a previous marriage, even though, on a prior occasion, the daughter was found pinching closed the minor child's nose and forcing toys into the minor child's mouth; and kept the minor child in a room where Respondent was using aerosol spray products that required substantial ventilation to prevent respiratory injury.

3. Respondent has threatened to take the minor child to a place where Petitioner would never be able to see or even find the minor child.

4. Respondent is a citizen of (name of foreign country) and has relatives in South America and Europe. Respondent has told Petitioner that Respondent is in the process of procuring a passport for the minor child.

5. Petitioner works as an internet online consultant and has spent significant time at home caring for the minor child. Petitioner has consistently been a primary caretaker of the minor child. It is in the best interest of the minor child that Petitioner be designated the primary residential parent of the minor child, and that the minor child not be removed from the child's home environment.

6. Petitioner is in great fear that if Petitioner were to give Respondent notice of a hearing on this matter, or otherwise serve Respondent with the pleadings and petition for dissolution of marriage in this matter, Respondent would react emotionally and irrationally and abscond with the minor child and remove the minor child from the jurisdiction of this Court.

7. Petitioner is reasonably in fear that Petitioner will suffer irreparable harm and that the minor child will suffer irreparable harm by actions of Respondent.

8. Petitioner has no adequate remedy at law.

9. Petitioner does not wish to keep Respondent from the minor child, but wishes protection for Petitioner and the minor child until this Court can have a full hearing on the matters entailed in these proceedings.

10. No previous application for the relief sought has been made.

WHEREFORE, Petitioner requests an order of this Court that designates Petitioner as the primary residential parent of the minor child, and that temporarily enjoins Respondent from:

1. Coming near Petitioner or the marital home, located at (street address, city, state, zip code), without the consent of Petitioner;

2. Removing the minor child from (name of county), (name of state); and

3. Proceeding with the minor child's passport application until further order of this Court.

Petitioner requests waiver of any requirement for Petitioner to post bond, since this request for the Court's order is solely to prevent harm to Petitioner and the minor child.

Dated:

Respectfully submitted,

STATE OF

COUNTY OF

Personally appeared before me, the undersigned authority in and for the aforesaid jurisdiction, the within named (Name of Petitioner) who, after having been first duly sworn, stated on oath that the matters and facts set forth in the above and foregoing Motion are true and correct as therein stated.

________________________________

(Printed Name of Petitioner)

________________________________

(Signature of Petitioner)

SWORN to and subscribed before me, this the (date).

__________________________________

Notary Public

My Commission Expires: