A New Twist on an Old Question


#1

Yes, even if she has an emergency order, you can still attempt to get a restraining order keeping her in the state.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Helena,

Thanks for your response. I am not concerned about my former wife fleeing the state, as she has nowhere to go. However, she has a history of fleeing within the state. From one end to the other, NC is quite long. She has not had to leave the state in the past to frustrate my visitation with our children - but has only had to move a great enough distance as to make regular visitation impossible.

I am in the process of moving to my children’s town because she has previously fled. Once I move I will be committed to staying there. It isn’t easy to keep uprooting my life, my job, my houses and my new family to chase my ex around the state so that I can maintain contact with my children.

Is it feasible that a court would order her to stay put in her present town until a custody case is complete? The reason she keeps moving around is to prevent me from being able to establish myself in the lives of my children and gain greater visitation rights.


#3

Yes, it is feasible, given her history of moving, that the court may order her to stay within a certain limited radius of her present address.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

A few months ago I started making inquiries in this forum regarding my custody dispute with my former wife. In particular, my concern was that she was going to (once again) flee her town when I moved to be close enough to my children to observe more reasonable time sharing. I am relocating to her town within a few months and my fear has been that once my home is purchased and I am “locked in” she will run off again. I was advised here by various individuals that I may be able to obtain a temporary restraining order prior to my relocation to keep her in town pending the filing of a custody suit.

In recent weeks, as a bold preemptive strike my former wife used the near-devastating strategy of falsely accusing me of sexually molesting my child to halt my approaching relocation and filing of the custody suit. I am proceding with my relocation but continue to have the same concern…my former wife may run off with the children again. Naturally, I would like to still file for an order preventing her flight to avoid litigation, but my circumstance has drastically changed. I am now being investigated for child abuse.

My question is: can I still obtain a temporary restraining order preventing her from running off even though she has obtained a temporary emergency custody order that has given her full, temporary custody of the children?