Austin Judge: FLDS man's restraining order against CPS 'not valid'

Austin, USA - An Austin judge had lifted a restraining keeping Child Protective Services from taking a FLDS mother and child back into custody Thursday.

The judge said that Dan Jessop’s restraining order against CPS is invalid, and because of this, they could take his wife, Louisa Jessop, and three-day-old son to San Antonio.

Dan Jessop’s request for a restraining order was granted Tuesday, one day after his son, Richard Daniel Jessop, was born in an Austin hospital.

The judge said while she was sympathetic to Jessop's case, the case was out of Travis County's jurisdiction, so no injunctions could be issued. The Jessops would have to get one in San Antonio.

CPS did relent that Louisa was an adult. Earlier they were insistent that Louisa was a minor and needed to remain in state custody. She is actually 22 years old.

CPS will retain custody of Richard Jessop and two of Dan's other children. Louisa will remain with them while they are in custody to care for the newborn.