Greetings. I agree with you that an emergency child custody action is probably not appropriate, since you have already vested jurisdiction in North Carolina and she is not moving to avoid jurisdiction. I think the proper motion would be a restraining order, not a motion to modify child custody. A restraining order would mandate that the children remain here, regardless of where she goes (as you cannot stop her from moving, just the children).
Now I will also say that there is a lot of case law against you also - one of the most recent cases giving custody to the moving mother saying that what was in mom’s best interest was also in the children’s best interests. Try the restraining order…and go from there!
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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