When a Summons in a Dissolution of Marriage case is served, four automatic temporary restraining orders (ATROs) go into effect:
1. Both parties are restrained from moving the minor children from the state without prior written consent of the other party and/or order of the Court.
2. Both parties are restrained from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance coverage, including life, health, automobile, and disability, held for the benefit of the parties or the children.
3. Both parties are restrained from transferring income and or concealing or disposing of any property real or personal whether it be community or quasi community or separate property without the other parties written consent or Court order except in the usual course of business or for the necessities of life.
4. Both parties are restrained from creating a non probate transfer or modifying a non probate transfer in the matter that effects the disposition of the property subject to written transfer without the other parties written consent or court order.
As of August 2012, that number grew to five. The new ATRO will restrain the parties from:
“Applying for a new or replacement passport for the minor child or children of the parties without the written consent of the other party or an order of the court.”
This proscription goes hand in hand with ATRO #1 (restraining parties from taking the children out-of-state; see my blog post on that subject).
However, the FL-110 Summons form has not yet been updated. This means that, though the ATRO is on the books, until the Summons is updated, it can’t actually go into effect. I expect the new Summons form will be out come July 1, and the new ATRO will become #2 (bumping the following three up a number).
So if you get served a Summons, or if you plan to serve one, be sure to check the back. You’ll especially want to make sure you’re not using an obsolete form. I will post an update when the new Summons form comes out.
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