Custody/Visitation Order

North Carolina Divorce Law Divorce and Separation Answers
1

My wife and I have a temporary custody/visitation order as part of a 50-B. In the order it states that I am supposed to get every Tuesday and every other weekend beginning 12/17/10. The judge also specifically provisioned out the Christmas Holiday with me getting the children at noon on Christmas Day and returning them at 6:00pm on Tuesday. This weekend coming up is supposed to be my weekend and she is stating that the Christmas weekend is like a “shared” weekend and that this weekend coming up should be hers. There is NO language in the order that states that the holiday suspends the weekend visitation schedule. It only provisions specific days that the children should be with me over the holidays.

Please advise what is right here and what remedy’s I would have if she refuses?

Thanks

2

I cannot say for sure without reading the Order, but if you are correct, you may file motion to have her held in contempt. Practically speaking this will not cure the situation however since the hearing could not be had until well after this weekend.

3

Can I call the sherriff’s department and ask for their help to enforce the order?

4

You may, but if the order is ambiguous, they will not get involved and will likely offer the same advice I have.