I am so sorry to hear about the molestation, but I am glad that he was placed in jail for his crime. Other than filing a domestic violence action, there is no way to obtain custody/visitation without going through a costly court process. If you are to have visitation in your separation agreement, you should go and pick up the children at the dates and times the separation agreement says. You may need law enforcement to assist you.
Also, you want to let your ex know that you intend to file a breach of contract claim against her if she does not comply with the separation agreement terms. Thank you.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
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.