Go to the home page of this site, under Divorce Library, Child Custody, and then under Laws. Read the sections 50A-201;202;203;204. According to what I read there, you ex is in contempt of the custody order and you may want to read the Parental Kidnapping Prevention Act also.
Geretings. If you register the order, you can file a motion to show cause right away. I would also recommend that you file an action for emergency custody in the county where he lives to have the child returned before school commences. Or, just hire an attorney to negotiate a signed agreement with him. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 but a full discussion with an attorney should be undertaken before taking any action.
My custody order dates from 1995 in CA. It gave me physical custody and “reasonable visitation as the parties agree” of all three children. We had thought that typing up a plan for visitation for each visit was useful, signed and witnessed. That is how we did it.
Well, the older boys are no longer minors. I now live in VA. Non-custodial Dad is in Charlotte, NC. My daughter is 15. Her written visitation plan for this summer was from May 27 to August 1st. Her Dad decided to refuse to return her. I was stunned. She has asked to live now with her Dad. I discovered that I could get no help from police in enforcing the CA court order without registering it in NC,(which I am pursuing) I am willing to discuss a change in custody, but am not willing to foot the bill (and do the work) for initating a change, since CA still has jurisdiction (I think), and I would most likely have to pay expenses to modify there and travel there for the hearing. Meanwhile, I am concerned that since I am responsible for her that if she is unable to enroll in school or homeschool due to him being unable to prove he is her guardian (and it will be fraud if he pretends he is) or if she harms or damages anyone/anything, or is injured or ill that I am still liable. If I don’t protest this failure to return, I also teach my daughter that the illegal way he has her is an acceptable course of action. Even though he has poisioned her mind against me this past summer (more than usual) I don’t want her to feel abandoned (even though she smirks at the drama with him) by me. We had a great relationship prior to this visit with her dad. Now he essentially wants to have me pay to get his way. He says he is working on it, but clearly knows little (while claiming to be getting advice from an attorney). He will drag it on and on, likely. I learned more in two telephone conversations than he has in years about this issue.
How long does it take usually before enforcement is authorized in this situation (once registration of the order is completed)?. I would like her to come home with me temporarily (temporary orders that she remain with me) while he seeks custody of her legitimately. I don’t want to keep her from her Dad, if she truly wishes to live with him. I just don’t want to be in a legal mess myself. Being jerked around like this is no fun, too. Help!