QUESTION

Can my ex be held in contempt if he refuses to allow me to have my regularly scheduled weeks because I am an RN?

Asked on Apr 06th, 2020 on Family Law - North Carolina
More details to this question:
We share joint custdoy, though we exchange physical custody every two weeks.
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1 ANSWER

Family Law Attorney serving Monroe, NC
2 Awards
In custody situations, criminal contempt is typically the remedy here. It requires willful disobedience of a court order without excuse. If your ex believes there would be some sort of danger if your child were to be with you pursuant to the order, the more appropriate thing to do would be for your ex to seek an emergency custody order (I have seen at least one instance of this in another state, but it would require very extreme circumstances). Since that has apparently not happened, it can be argued there is no excuse for him or her violating the order. Therefore, a court may find that contempt was comitted.  Criminal contempt requires the same standard as other crimes when taking the case to court: Proof beyond a reasonable doubt. Also, your ex would be allowed an opportunity to retain counsel or have an attorney appointed by the court if he or she cannot afford one. For these reasons, I highy recommend consulting with an attorney in your area to determine how best to proceed.
Answered on Apr 14th, 2020 at 8:04 AM

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