Upcoming Court Ordered Visitation - History of Contention

My daughters Father is becoming contentious with the upcoming Court ordered visitation that we have agreed upon commencing on June 10. He refuses to acknowledge my attempt to clarify pick-up location and has a history of being malicious toward all visitation. Prior to Court Order being signed he would agree upon visitation then refuse at the last minute.

I am driving from Charlotte to Chicago to pick her up, where she resides.

NC still has jurisdiction.

Is there an emergency motion or something that I can file to assure that this man complies with the Order, If he continues to ignore my requests for pick-up location information, rather then waiting until I arrive in Chicago to find out he has left the state with her or something??

He is also playing games with the Call visitation Order, which is part of the pattern leading up to him refusing visitation in the past absent the signed order. He may be preparing a meritless motion (hence denying me access to daughter re: phone calls) making some sort of false claim that he hopes would have the Court excuse him for not complying with the Court ordered visitation (he did this in the past hoping the Court would order me to have supervised visitation prior to signing the Order - it did not).

There is nothing you can file ahead of time to ensure that the father abides by the court order. If he does not follow the valid court order and your visitation is missed because he did not comply, then you will have grounds to file a contempt motion against him (called a motion (and order) to appear and show cause).

If you have a permanent custody order from NC, and the child now lives out of state, you can seek to have the court order registered in that state, which will enable the other state to enforce and modify the order.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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