Relocation Issue

I would say that if this is the exact wording of the order that the first is just a statement so that it is known that NC is the home state. Most of the time with custody, a parent may move as long as it’s not out of the state. You have had this issue and it has been brought up in court so I would say that’s why the judge signed the order.
My suggestion is that this is worth pursuing, since it’s been an issue in the past and it’s a statement in the order. There is nothing specific in the order about any distance or within the state so I would take that to mean ANY relocation. Don’t give up on this. Eventually, you should be able to get the court to see your ex is alienating you and going against a court order for no valid reason may be the “last straw” so to speak.

No, she cannot move simply because she decides to move so. I believe the language in the agreement is clear and prohibits her from relocating. You can file a motion and order to show cause if she violates the order and get an order requiring the children be returned.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

I am seeking a 50/50 custody arrangement with my former wife. She has a history of relocating with my children against my wishes. I have been in a pattern of moving closer to them to enjoy greater access, only for her to move away again. Prior to my most recent relocation to my children’s current residence, I obtained a court order that was intended to prohibit her from running away again because we are in the middle of custody litigation.

The order simply reads: “NC is the home state of the minor children. Neither party shall relocate with the children pending further order of the court.”

My own attorney penned this language. However, only a few months after this order was made, my ex wife has announced she is moving 3 hours away (again) very soon. I consulted my attorney to ascertain whether my former wife can simply move away in spite of the court order. My attorney said that the language of the order (that the attorney had written) was ambiguous and open to interpretation.

I consulted a different attorney who said that the language is clear. Neither my wife nor I can move with the children without a court order permitting relocation.

I’m confused. My ex is not moving due to a job, marriage, or any other reason other than she just wants to move. I don’t see a compelling reason that a judge would permit this relocation. But as I understand it, she and her attorney interpret the order to mean that she simply can’t relocate outside of the home state of NC.

Any thoughts on how binding this court order is? Can my ex simply move because she interprets the order differently than I do?