Dear JAS:
It sounds to me like you have followed this woman through the court system already (at least once), have a court order, but she is not following it! This is such a frustrating and heart breaking situation when your children are involved.
There are two options for you:
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File a Motion and Order to Show Cause. This is less expensive than filing for a modification of custody and after you file the original motion with the court, you have a hearing ten (10) days later - so it is quicker. In this action, you are asking the court to hold your X in contempt of court (they can fine her, make her pay your attorney fees, put her in jail, etc.) for not following the original order. The only problem is that this is a temporary fix and does not give you more time than in the original order.
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File a Motion to Modify Child Custody. This is more expensive, timely, but may result in you having the children full time. Her unwillingness and inability to follow the court order may mean that she should not have custody. I imagine that the children are also having some developmental issues from living with her.
I would do the Motion to Show Cause first a couple of times, before you file the Motion to Modify, to show the court that she cannot follow the court’s simple instructions. Best of luck and hope the children stay well!
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
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.