Contempt charges

North Carolina Divorce Law Divorce and Separation Answers
1

I have a dilemma.

I have an order filed in NC ( I’m prim phy/ joint legal) When we agreed on it I was based in PA. The order is based on distance visitation. NC has always had jurisdiction.

We have have specific exchange address that can only be notified if we agree.

I moved back to NC temp (year), we never changed the order and we followed the visitation but we did notify the exchange and added some days but I insisted on not changing the order bc I was moving back.

Flash forward I found a job with much better salary, my cost of living won’t change really n Its better school area. I informed my ex per the order ( states I have to notify within 30 days) he said I can move but I can’t change her daycare. I stated bc I am moving we have to figure out a new school n I gave him options…per our order new decisions are to be made, I give options or my pick; he has 5 days to object then present a new option. He just rejected and wouldn’t look at it. So I waited 5 days and picked the school. Am I in violation? (I may be this time)

Anyway our order also states
That once our child reaches a certain age visitation drops during the month from one week to one weekend a month. This would happen either in NC or anywhere. We did the calendar earlier part this year based on a younger age, our mistake. I informed my ex that we need to revert to the correct age visitation within order ( which is better for her schooling) he said no. I can’t “change” visitation or I’m contempt but is this true if it’s in the order on file? I’m just following the order.

We also have to figure out a new exchange location from our notified one (we agreed on it when I moved) bc I explained to him that that’s not going to work anymore and I don’t agree on it, I proposed a new location (halfway) but he said No. I informed him since we don’t agree on he exchange then we will just follow the order of the specific location. He reasoning for saying no is bc he states bc it states "the new location must be the same location at the current exchange or moving party must pay the difference) the new location is based off of our notified location and not the order. is this true?

I just want to follow the order until a judge tells me otherwise. We made notifications but they don’t work anymore n the order is a better fit for our child. He is refusing to meet at the location within the order and I need to know what I need to do.
He also claims that bc I’m a resident of NC that parts of the order are null and void but I thought Our judge is the only one that could do that.

We haven’t signed or notarized anything btw us, it’s all through email. He is board line harassing me and threatening to take our child if I don’t show up where he wants in NC. In one breathe he states the order was based off of me being in PA not NC so some of it is null and void but then he states that I have to follow certain parts based off me being in NC. I’m confused but I know that can’t be right.

I always thought notification are only offical if file n both parties have a right to change their mind and go back to the order…if the other perso doesn’t agree they need to file a motion to modify.

Thanks for your help, sorry this was long.

2

In regards to your child’s school: You are likely not in violation of the court order since you said you did not change your child’s school until after the five day waiting period that your court order requires you to give.

In regards to changing visitation from one week to one weekend: If your court order clearly states that visitation is to change from one week to one weekend a month and your child is indeed at the stated age, then you are likely not in violation of this provision since the order seems to automatically decrease visitation.

In regards to the exchange location: Be sure to clearly read your court order to see whether or not the exchange location can be changed if one of the parties moves. If this language is not clear or if it does not give you the ability to change the exchange location, then you may need to file a motion to modify the court order since you will be moving and the current exchange location will no longer be feasible.

A court order remains in effect until it is modified by the court or until it expires (for example, the child reaches the age of majority). This is true whether you are living in NC or PA or somewhere else. Your court order is not null and void simply because you are living in NC now.

3

Thank you for your reply.

I understand the everything but I just have one final clarification:

Directly from the order:

“Unless mutually agreed upon by both parties, all exchanges shall take place at the
Loves gas Station located at 23845 Rogers Clark Blvd., Ruther Glen, Virginia 22546.”

Order referring to exchange location: “The parties shall agree to a new exchange location that is the same distance from the non-moving parent’s residence as the current exchange location or the moving parent will pay the non-moving parent’s additional travel expenses to meet at a farther”.

If we agreed previously to modify the exchange to Bailey, NC but now I no longer agree…is the second paragraph “current location” mean Bailey, NC or Ruth Glen? Can I revert back to Ruth Glen.

I appreciate you helping, I’m a single parent n he barely pays CS but if I should retain a lawyer I will make it happen somewhere.

4

Based on the portions of your court order that you have provided, if neither parent has relocated since the order was entered, then the interpretation of “current exchange location” is likely the Love gas station in Ruther Glen, VA because at the time the order was written, “current exchange location” probably meant Ruther Glen.

However, if you or the other parent has already moved once and the two of you have already changed the exchange location and have utilized the new location, then “current exchange location” probably refers to the exchange location that you are actually now using.