Custody question: vacation plans?

North Carolina Divorce Law Divorce and Separation Answers
1

My wife and I have been separated for several months. I have been trying to plan a summer vacation (one week) with my children, my father, and a couple of other relatives.

My wife has falsely accused my father, me, and others of molesting our children (both under 7 yrs.). The false accusations were the driving force behind our separation.

We had agreed to try to establish a parenting plan without attorneys, but now my wife says she will “not allow” me to take a vacation with my children if my father is present, and is prepared to “go to court” if I try.

My question is, does she have the right to dictate when and where I take my own children, and who they see? (This has also been a major issue in our marriage).

2

No, you have equal rights to your children, and unless and until there is a court order preventing you from going on vacation with them you may go.

3

Thank you, Erin. My wife has unlimited access to a high-dollar attorney (her boyfriend is paying); I have none and cannot afford one. She says she will “go to court” to prevent me from taking my children anywhere with my dad. Can she realistically do this? There is utterly no proof or evidence to support her false accusations, but I have 5+ years’ worth of written records documenting all of her antics.

4

She can try to get an Order preventing you from going, but if her claims are baseless it will not be successful.