Even though there is a custody agreement in place, your brother can always file for a change in custody if he can show a significant change in circumstances that affect the best interests of the children. It sounds like if she has been making them sleep on floors, not feeding them, hitting them and not complying with visitation, he may have some good grounds for changing custody! It also sounds, though, like she may have some things she will try to say about him, especially if she was able to obtain a 50b against him. The judge will listen to and weigh all the relevant factors and rule based on what s/he believes to be in the best interest of the children. Good luck to you and your brother!
Amy K. Kirkhum
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
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.