Tim Conway's Daughter Granted Temporary Restraining Order Against Wife Over His Care

Tim Conway's daughter Kelly was granted a restraining order to keep him in his current facility

Photo: Michael Caulfield/Getty

Tim Conway‘s daughter Kelly was granted a temporary restraining order, preventing his wife Charlene from moving Conway to a new residence.

“My brothers and I are extremely happy that the plan to move our dad by his wife has been temporarily stopped by a court order today,” Kelly revealed in a statement obtained by PEOPLE.

“We are grateful to the judge for taking this matter seriously by considering all the evidence before making a decision. We appreciate the overwhelming support and love we have received from my dad’s friends and fans,” Kelly added.

The next hearing date is set for Sep. 7, Kelly’s attorney Troy L. Martin told PEOPLE.

Kelly’s victory comes just a week after she filed court documents asking to be appointed the conservator of her father, 84, who is suffering from dementia, in order to be in charge of his medical treatment.

She then filed for the temporary restraining order to stop the move a few days later.

Kelly initially alleged Charlene is “planning to move him out of the excellent skilled nursing facility he is currently at” and place him in one that won’t give him access to “registered nurses at all times.”

However, in court documents obtained by PEOPLE, Conway’s lawyer Michael Harris claims Charlene never intended on moving her ailing husband.

“She informed me that her motivation was to work with Jeffrey Cummings, MD, a renowned neurologist who is trying to deal with Mr. Conway’s past brain surgeries involving a shunt that failed and later a valve procedure to correct his neurological problems,” Harris explained in the court documents.

He continued, “Her concern now is for Mr. Conway to receive proper physical therapy so that he can better improve neurologically.”

“It is my present belief that Mrs. Conway, my client’s wife, is an adequate and appropriate steward of her husband’s well-being and that her motives regarding Mr. Conway are in his best interest,” he added.

Harris also shared details on Conway’s condition.

In addition to his dementia diagnosis, Conway “is suffering from fluid on the brain” and is “unable to communicate,” Harris explained.

“He showed no ability or willingness to talk,” Harris added.

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