Leaving the state


#1

the mother of my child, without warning or notice, boarded a plane and went to another state. I found out by a mutual friend. I tried to call her for over a week. She finally texted me and told me she moved to florida. I have not been able to talk to my son but once, and i have not had the court ordered visitation for the past two periods. She knew I had a pending Motion to Modify based on things that had changed. she knew she stood a good chance to lose becuase of the things she had been doing. I filed a notice of hearing and mailed it to her last known address. The court order states that we are to notify the court of our addresses if we change. It says she has to give me written notification is she leaves the state or stays overnight in another county. she has been violating the order over and over. The judge has given her the benefit of the doubt at the last two hearings. We were ordered to family therapy. I have been, am still going and took my son when i had him. she refused to go. The judge reserved this case so that he can be the one to hear it.
My question is this - is there anything i can do to get my son back here in North Carolina. Can the judge just disregard her defiance of the order and allow her to get away with this? Thanks. I spent so much money for an attorney to get joint custody and visitation and now she runs.


#2

You may contact law enforcement to assist you in getting the child back and then file a motion for contempt against her in court to have the judge hold her in contempt for failing to file the current order.

Emergency custody is appropriate when no order is in place, your remedy is to contact law enforcement and they will enforce the current order.


#3

Law enforcement said they couldnt do anything without a judges signature. Judge today continued my hearing for two months. She is winning again. I am at aloss…


#4

I am sorry. I cannot say why law enforcement did not get involved in this case. I wish you the best and can only tell you at this point that your Motion to Modify and contempt (hopefully you’ve filed this too) claims are strengthened by her actions. She is withholding your child from you and denying your court ordered visitation. This will help you out in the future hearings, but it will not be easy in the meantime. Be sure to document every phone call, email, etc., that goes unanswered. Also document any periods of visitation which you are denied. Good luck.