I have a signed consent order and it states “During custodial time, neither party shall allow overnight guests of the opposite sex to whom the parties are not related by blood or marriage.”. My Ex does not feel this applies while sleeping in one hotel room with boyfriend while on vacation with the minor child. Can you please help interpret this for me?
Sounds like a classic consent order violation. You cannot stop a boyfriend or girlfriend from staying in the same hotel as it’s their right to be there, however the parent IS in violation of having them stay in the same room.
This has happened more then once and it has also happened at their home while minor child is with custodial parent. I am in Iredell County what do I have to file to get this in front of a judge?
You need to file a motion for contempt in district court under the file number listed on your current order. After a motion is filed, you need to set the same on the court’s calendar for a hearing date. You will need to appear at the hearing and argue the motion. If she is found to be in contempt the court will order her to pay, and can impose jail time if she does not comply.
OK I need to get a “Notice of Hearing” form can you help with a blank?
You can find one at www.nccourts.org. Click on the forms tab.