Legal Question in Family Law in North Carolina
I sent my ex husband a message telling him I was taking my son to the beach for the weekend in our custody papers it states that if I take him for overnight travel I have to call and let him know where we will be now he is saying he is going to call the cops for kidnapping my child and calls and cusses Me can he do that and what can I do about the harassing phone calls I have had a restraining order on him before for the same thing and our attorneys settled and we signed a paper stating no harassing phone calls
1 Answer from Attorneys
If you have an attorney it is best to speak to him or her.
As for your trip. If your custody order allows you to do what you say, then you should be fine. Again, you may want to consult with your attorney.
If you are unable to speak to him/her just look to your agreement/order. If the agreement states that you can take the child on a trip but that you must let the father know, then you follow your obligations under the agreement. If you call and he is hostile and will try to say you didn't call, I would follow up with a letter(keep a copy) stating that you called and told him where you were goign and where the child will be.
I don't see the police arresting a parent for kidnapping if he is unable to produce a custody order stating that what you are doign is wrong. I recommend you take your custody order with you.
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