Default on loan = breach of contract?

My x is doing the same thing, she is withholding the kids unless I drop a lawsuit against the guy that she had an affair with for 2-1/2 years and got her pregnant, Play the high road dude,Stay calm and know that it will come back to get her as my lawyer is starting to prove to me…wait for her court date, ask for the kids then…

Dear varoom35:

Greetings. No, her breaches do not mean that you can breach. Instead, file a claim for custody and a claim for breach of contract. 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


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Hi. I have an amended separation agreement that we (my ex and I) have signed recently. The ex, is now witholding my children from me because she is jealous of my new friend. The sep agreement states I get the kids on alternating weekends. I have not seen them in 3 weeks now, she refuses to let me get them out of jealousy. I don’t think i will get them next weekend. The sep agreement has a clause about a vehicle from the marriage that i am still paying on and that it will be transfered overt to her once it is payed off. It also states that if I default, meaning not pay on loan right?, she has right of first refusal to take over payments. My question is this, can I go into default on loan, I am filing bankruptcy now btw, and she not be able to touch me legally meaning she can’t sue me for breach of contract? To me, the bankruptcy protects me from that right?

FYI, she has harassed me for the past 11 months since separtion so much that I have a 50-b AGAINST her, and she has violated recently and has a court date for the violation and phone harassment. She is a psycho. I am not trying to get over on anyone, but she’s witholding my kids and I want to see them.