Spouse not following consent order


#1

You would need to file a Motion and Order to show cause and take it to the court. If the Judge finds cause, they will order your spouse to appear and explain why she should not be in contempt of the court order.

The police may assist you with the court order, but generally you will need to pursue enforcement through a Motion and Order to show cause. You can find the forms at www.nccourts.org.

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

ROSEN.COM

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.


#2

If my spouse decides to ignore the custody schedule specified in the Consent Order, what is my recourse?
Do I somehow take a copy of the consent order to the Sheriff’s office and have them go with me to get my child, or do I have to go downtown and see a magistrate or something? How does that work? How do I ENFORCE the Consent Order?
Thanks in advance.