Moving out of state


#1

Hello-
My former wife and I have a Consent Order for Child Custody and Support in place. There is nothing mentioned regarding moving out of state. She now wants to make changes to the Consent Order as she is planning to remarry and move tout of state (500 miles) from NC. We have joint custody (she primary, me secondary). The move would make it virtually impossible for me to spend my allotted time with my 2 young children.

Although there is nothing in our agreement regarding moves, can she legally move out of state without violating the agreement?
Do I need to get an order preventing the move - a temporary order preventing the move until a/the final court decision?
Can I get provisional order(s) to stay in place?
Can you explain ex parte to me? Is that something that should be filed, and can I, or should I do that without her knowledge?

Thank you


#2

Even if there is no relocation clause in the current order, you still have to abide by the terms and schedule, which she will be unable to do. So, you would have the ability to file a motion for contempt. Or, you can proactively seek an emergency custody order based on her impending move out of state.

Temporary emergency custody orders may be entered in order to provide continuing stability in a deteriorating situation, to preserve the status quo, to prevent a child’s removal from the jurisdiction, to return the child to an appropriate custodian, and/or to protect the child from harm, neglect or abuse. Emergency temporary orders may be entered ex parte upon a verified pleading or affidavit. “Ex parte” means that only one side tells the court its version of events. The court must review a temporary emergency custody order within ten days, at which time the other side has the opportunity to present his or her own evidence. After the court has heard the evidence from each side, the order will be continued (kept in force), modified, or terminated (dissolved).