Temporary Order Permanent and a Move

We have a temporary order that was moved to a permanent order without the correct terminology for a permanent order and resolving the full custody plan. Since the plan was implemented early Dec, the only holiday addressed was the Christmas school break. We just follow the schedule many split other down the middle. My ex husband and I have joint custody 225 based on the temporary order. I appealed the order along with incorrect alimony and child support payment due to inaccuracies of numbers. We are waiting for the opinion of the Appeals Court.

In the interim period of waiting, I moved out of state due to father, and sister illnesses. My 14yr old son didn’t want to move and wanted to stay with his dad. We had a meeting with each other but didn’t make it for a hearing yet due to the appeal. I was initially coming back every two weeks due to my sons football schedule and the transition. One weekend I came back to Charlotte, which failed on my weekend and wasn’t allowed to see my son. At the moment, I filed for full custody for the record. Because I wasn’t going to play this game with not seeing my son.

Fast forward, my son was upset about an issue about a cell phone and he is not answering my calls and his dad is saying that I don’t have any rights. I am trying to plan the spring break schedule that we have based on the temporary 225 order. He says there is no order because I have moved out of state. I know we are waiting on the opinion from the appeals court but what do I do about not being able to see my son for the upcoming spring break schedule and potential summer schedule.

The current order stands and is a valid and enforceable order until the Court of Appeals makes a decision about it. Moving out of state has nothing to do with the validity of the order.

You can file a contempt motion (motion for order to appear and show cause) if the other party has willfully violated the current court order.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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