Violation of Court Order

North Carolina Divorce Law Divorce and Separation Answers
1

Dear Atpeace:

Greetings. If you signed a consent order, then you can file a motion to show cause and have the judge order him to follow the order (usually he would get a warning and maybe pay your attorney fees the first time). If you simply signed an agreement, your remedy is to file either a child custody action or a breach of contract action. Neither of these have an immediate recourse.

When I have clients that believe the other spouse will not follow any agreement, I almost always recommend a consent order versus an agreement for the issue of child custody (and sometimes child support also). Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.

2

My Soon-To-Be-Ex signed a temporary child custody agreement (to become permanent if not contested after 6 months). He was supposed ot take our daughter to before-school care to take the daycare van to school because 1. he’s always running late and this makes him more accountable; 2. it offers consistency where no one has to keep up with what days she does and doesn’t ride; and 3. on days we switch off he can leave her overnight bag in her cubby at the daycare all day so she doesn’t have to keep up with it at elementary school.

He signed this agreement about a montha ago and the very first week of school and the first day he has her on a schoolday, he takes her directly to school and lies to the daycare, saying I said it was okay. There is an attendance sheet that shows that he did not bring her those mornings. I have yet to hear from my attorney on this; what is the recourse? Will he get a warning first or does this void the agreement?