Ex taking daughter out of state for vac w/o consent order

This summer, my ex is planning to take our daugher out of state for a week to the town he is now working in. He technically still lives in NC but stays in his family’s garage apartment while working in the family business. He returns to his apt every other weekend for his visitation with our children. He wants her to spend time with his family. I have no issues with this visit.

However, We have not yet signed our consent order for custody even though we have been separated for 15 months. What are my risks with him taking her out of state? If for some crazy reason, he decided not to bring her back what would be my recourse? I have been the custodial parent since March 2009, and he has been working out of state since January of this year. Not sure if it matters to the outcome of this question, but he is currently not paying any child support (I know, I need to fix that).

If your ex doesn’t bring the child back you may file an action for emergency custody and get a Court Order which will require that the child be brought home.