Legal Question in Family Law in North Carolina
My ex-wife is planning on taking my son (4yrs) to Australia. We have joint custody that has been filed w/the courts. She moved to CA in Nov 09 & I still live in NC. I am suppose to be able to talk & see him on webcam, which she allowed at 1st. She has 2 other children & one stayed with her after the summer (mild autism & OCD-daughter 13yrs). One of my ex�s sister went to visit & my ex wasn�t home, but the daughter was. The daughter had been left at home & apparently has been left at home all summer about 11hrs a day, because my ex couldn�t afford daycare. The sister waited for my ex to get home and the sister said the apartment smelled of rotten food and human waste. The daughter had scratched herself raw on the stomach/arms/hands/between the legs. The sister got the daughter on a plane & sent her back to her father. How can I keep her from taking my son out of the country & get full custody of him? (I�m concerned she�ll forge the papers for the passport)
1 Answer from Attorneys
You may need a lawyer there in CA to give you some advice. But the judge that entered the custody order may still have jurisdiction here, and you need to file a motion to bring all this to that judge's attention. CA can honor a NC order.