Order doesn't say if I can relocate or not

My ex husband and I, both live in Raleigh, and have an “Order Regarding Temporary Child Custody” for our 3 y/o son that states we have “temporary joint legal custody with Plaintiff (myself) having primary custody subject to Defendant’s secondary custodial times” as outlined in the visitation schedule. The schedule conforms to my ex’s job and allows him 2 overnight visitations per week and 1 day visit every other week.

My husband was laid off in Jan after 8yrs with his company, and has been temp-ing to keep some money coming in, and has finally been offered a position similar yet better to what he had before getting laid off. Problem is the job is out of state about 14 hrs away. It is a great small midwest town, nice place to raise kids and a great career opportunity for my husband. Our “Order” does not touch upon relocation at all and ex is saying he forbids it. My husband is due to start work in 30 days (including relocation) but I am worried that he will have to leave and start working and leave me and the kids behind because I don’t know if we can all leave.

I notified my ex in person and in writing, of our intent to relocate, the moment we got the offer. I have filed a Motion to Modify but cannot get on the Judge’s calendar for a hearing until Nov/Dec 2009. Also, we must attend Mediation first (a 20 day wait), which my ex is opposed to as he wants his day in court.

So, my question is, since I have notified him and filed all the proper documents with the court, can I relocate with my husband and 3 kids or do I need to stay behind and wait for the court hearing before making any move?


If you relocate the visitation schedule that is in place now will not be workable and you will undoubtedly be held in contempt of court. The order requires that you maintain the temporary schedule until a permanent hearing can be takes place. Unfortunately you cannot relocate with the children unless and until a judge allows you to do so.