Visitation

North Carolina Divorce Law Divorce and Separation Answers
#1

I have primary custody of my 9 year old son, which was a perm court order. My sons mother lives in nv and every other year my get to travel to nv to spend Christmas with her. My question is this the court order said that I have to have itentary at least 21 days prior to travel date. All I have received from her was a link to Southwest Airlines but no Itentiary. Do I have grounds to deny visitation? My son does not want to travel to NV either. This was a court order that both of us agreed too. Below is all I received from her. A court Order is a Court Order wright? This was Perm. custody too. My son falls under NC Courts and I have also registered the court order in NV too. Me and my son live in Harnett county. She also is delinquent on her child support too. Add southwest www to below to see.

Sincere
Scott

link I received from here .com/account/travel/upcoming-trips/trip-details?tripId=a45b5d78-8dcf-4aae-9c5e-54bbd4dafecd&ss=0&disc=sdc%3A1385371055.281000%3ArvRim9SkREWXKcPHUTbAag%404E884EB46F8BFFA77A1F247FFFEA1F6328CCFBCB

#2

The question you have to ask yourself is whether she is in contempt for failing to follow the court order. Unless specifically stated in the court order, her failure to follow the court order does not grant you permission to disregard the order. Whether you want to also risk being held in contempt is your decision. If you can make an argument to the court that you were concerned about the child’s well being, that might be a valid reason to not be held in contempt, but this argument has been rejected by the courts in the past, and I believe your safety concerns would need to be significant for that argument to be viable.

#3

So here not following the court order is not contempt. I am confused. The court order states that she is to provide the itinerary to me 21 days prior to travel, is this not a court order? I am really confused here

#4

Sorry, I didn’t mean to confuse you. My point was whether the court would find her in contempt. Without knowing what the travel arrangements are that were provided, and without being the judge making a determination of whether what she provided constitutes an “itinerary,” it is hard to say. But, the main point of my response was that regardless of whether you have enough to bring a motion for contempt, her contempt does not give you a reason to withhold the child.