Breaking Court Order

North Carolina Divorce Law Divorce and Separation Answers
1

If your spouse is not following the court order and has the children in place she is not supposed to have them, you can call law enforcement and the police should help you enforce the order. In addition, you should file a motion and order to show cause so that she must come before the Judge and explain her behavior.

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

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

Thanks for the advice. One more question what do I do when I have called my lawyer for two weeks now about this and he won’t return my calls? I have paid him in full so there is no reason for him not to be returning my calls.

Thanks!

3

I have a temporary sole custody of my five kids. The court has ordered that all visitation with my ex to be at her mom’s house due to her living with a man that has been convicted of child abuse and serval other charges. She gets them every Sat. from 10-6 and every other Sat and Sun. from 10-6. She is not to be at my house or to be calling she has broken the court order several times. What do I do need to do when she breaks it? She has taken the childern to her house and had them around her boyfriend. How can I enforce the court order? If she takes them to her house this Sat. Can I call the law and get them back? What will happen to her for breaking the order? I just want to make sure my childern are safe and not in harms way.