MOJ and Emergency Custody


#1

Circumstances with my ex-wife have quickly deteriorated. Two months ago I received primary custody with her consent and now she has changed her mind. Two months ago, we went to court to terminate child support since the living arrangement had changed. This was done with her consent. The MOJ was signed by her, myself and a judge in county court in North Carolina. She had indicated verbally and in writing prior to going to court that she wanted this to take place. Prior to the MOJ a separation agreement was filed two years ago after divorce stating that we had joint custody and that the child will reside with the mother primarily. I was advised to file for custody in case the MOJ (below) was insufficient to enforce.

The MOJ is as follows:

[quote]MEMORANDUM OF JUDGEMENT/ORDER

This matter is the Defendant’s motion to terminate child support due to a change of circumstance, the child now resides with the Defendant. Present is the Defendant Father (redacted) and the Plaintiff Mother (redacted). The custody f the child has changed in that the child now resides with the Defendant Monday-Friday and he Plaintiff Weekends. The child support order shall be terminated effective (redacted).
[/quote]

My questions are:

  1. Is the MOJ sufficient to trump the separation agreement in terms of who has primary custody?
  2. If not, what would be a better method for establishing primary custody?
  3. She has enrolled him in a daycare in her resident county without my permission. This proves that the threats of keeping him are valid. Would she be subject to contempt of court by her simply keeping the child?
  4. How do I best seek emergency custody?

#2

No, you will need a new agreement/custody order to have custody outlined. This case is not appropriate for emergency custody and a regular custody action should be commenced.