Motion to Show Cause

North Carolina Divorce Law Divorce and Separation Answers
1

My ex is taking me to court to show cause that I breached our parenting agreement by

introducing to dating partners (I was not permitted until November of last year and they met my partner in January of this year)

calling his deceased mother names while the kids were in the other room (the kids have never heard me say a bad word about the father or the family)

attempt to bypass the agreement by living with boyfriend (I emailed him that my fiance and I are planning on living together in February. This is against out parenting agreement as it states no over night guests until one year after the divorce unless by blood or marriage. I emailed and told him, if there was issue I would not…I figure it’s been since 2009, perhaps he moved on. Well he has issue, so we did and are not until we are married)

Calling the kids multiple times when they are with him to tell them to come home and play with expensive gifts. (I called when they visited him and let them know they got a WII. I never asked them to come home early to play)

Force the kids to tell them they dont want to live with them (I did tell the kids after being tired of his bullying me and threatening to take them away to tell their father what they want. I thought if he heard their desires, he would stop)

This all came after I sent him the email about my plans with my fiance. What can happen to me in court? Can I loose my kids? Will I be held in contempt?

2

Depending on the judge’s view of the facts you may be found in contempt. The judge would have to find that you willfully and intentionally violated the Order. If you are found in contempt, the punishment (if any would be up to the judge). I would assume, based on the facts, that the judge would simply tell you to follow the order and discontinue any behavior that is in violation of the Order. The judge will not change custody at a contempt.

3

Ms. Clarey;

I wanted to let you know that I went in, defended myself, questioned him and the judge did not find me in contempt of any part of my parenting plan. Thank you for your continued support in answering my questions!

4

That is good to hear!