Indiana Code 31-14-15-2. Parenting time rights; temporary restraining order against custodial parent
(1) an application for an injunction is filed under this chapter (or IC 31-6-6.1-12.1 before its repeal); and
Terms Used In Indiana Code 31-14-15-2
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
the court may grant, without notice, a temporary restraining order restraining the custodial parent from further violation of the parenting time order.
(b) In the affidavit, the noncustodial parent shall state under penalties for perjury:
(1) that the noncustodial parent has been granted parenting time rights with the child; and
(2) that the noncustodial parent regularly pays the support ordered by a court for the child.
(c) The court shall hold a hearing upon the restraining order at the earliest convenience of the court.
[Pre-1997 Recodification Citation: 31-6-6.1-12.1(c).]
As added by P.L.1-1997, SEC.6. Amended by P.L.68-2005, SEC.25.