What to do if my parents have been divorced for 6 years and my mother has a permanent restraining order against my father?
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What to do if my parents have been divorced for 6 years and my mother has a permanent restraining order against my father?
Now my father is contacting me about his old math books from high school all the way until graduate school. My father previously requested and retrieved his personal belonging about 4 different times. Twice under supervision from police officers, and 2 times under mine as he contacted me, and I arranged with my mother so she can be out of the house and far away when he did the retrievals. My mother has moved since the divorced. She did not keep any of the old books as he did not want or retrieve those items 6 years ago. So is my mother in any legal obligation or trouble for ditching his old books?
Asked on January 23, 2013 under Family Law, New Jersey
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, your mother would not be subject to legal liability at this point. The first reason is that he has already had the opportunity to retrieve his items and instead chose to abandon them. Second, even if he did want to pursue a theft claim, the statute of limitations has already run on a criminal or civil claim. Six years was more than ample time for him to retrieve his items.
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