a motion to dismiss the ex parte protection order, or, in the alternative, a request for an immediate hearing, Additionally, Mother filed, in the Hamilton County guardianship case, a motion to dismiss Grandmother’s guardianship petition “due to the fact that a matter between the parties and [Son] was already pending” in the Grant County paternity case. (App. 11). In this motion, Mother alleged that Grandmother had “[effectively stripped Mother of custody by denying her, as a custodial parent, the ability to contact and parent her child.” (App. 11-12).
On April 28, 2015, the trial court in the Hamilton County guardianship case, held a hearing and then entered an order dismissing Grandmother’s guardianship petition. The trial court’s . dismissal was “due to the Grant Superior Court having custody jurisdiction over [Son] by its paternity case.” (App. 12). After the dismissal, Grandmother “continued with the Ex Parte Order for Protection and did not return [Son] to Mother’s care.” (App. 12).
The following day, the Hamilton Circuit Court transferred jurisdiction of this Hamilton County protective order case to the Grant Superior Court for a hearing in conjunction with the Grant County paternity case. Grandmother then filed a petition to modify custody in that paternity case.
Thereafter, on May 6, 2015, following an agreement reached in a telephonic attorney conference, the Grant Superior Court transferred the paternity case to Hamilton County under cause number 29C01-1505-JP-659 (“Hamilton County paternity case”) and transferred the protective order case back under its original Hamilton County cause number. Grandmother continued to maintain control over Son.
Meanwhile, on September 25, 2015, Mother was acquitted, following a jury trial, of the battery charge against Son and convicted of the battery charge against Grandmother. Grandmother “continued to deprive Mother of custody over [Son] by the Ex Parte Order for Protection.” (App. 13).
Immediately thereafter, on September 28, 2015, Mother filed a pro se motion to dismiss the ex parte protective order and a request for a hearing in this Hamilton County protective order case. Grandmother filed a response, contending that Mother’s motion should be denied without a hearing because Mother had not filed her request for a hearing within thirty days of the ex parte order.
On February 10, 2016, the trial court held a hearing on Mother’s motion to dismiss. At the beginning of the hearing, the trial court advised that it had reviewed the motions filed in the Grant County paternity case that were transferred to and pending in the Hamilton County paternity case. The trial court also took judicial notice of the records from Mother’s Hamilton County criminal proceeding and the Hamilton County guardianship case.5
The trial court asked the parties to provide legal arguments as to whether Grandmother had standing under the protective order statute to seek a protective order for Son and whether the trial court had jurisdiction to enter an ex parte protective order. In response, Mother argued that she had had “sole custody” of Son since 2000, that Grandmother had filed the petition for the protective order after DCS
5
The records from these proceedings • were not introduced as exhibits and have not been included in the record on appeal. We note that our supreme court, in Horton v. State, 51 N,E.3d 1154 (Ind. 2016), has discussed judicial notice under Indiana Evidence Rule 201 and the best practice for a trial court when taking judicial notice of a court record or file.