In my order it stated that my sons father is to be supervised at all times by his parents. That he is not allowed to transport my son in or on any type or motor vehicle due to him not having a valid drivers licenses or proof of insurance. Today I go to pick up my son at the drop off point. His father was driving and neither of his parents were present. I have photo evidence of him getting out of the drivers seat with keys in hand. He took my son unsupervised to the movies. Photo showing that neither of his parents were present. And his cousin that was with him threatened myself and my fiances life infront of my 5 year old child. Police said that the nc statue does cover conditional threats, my son is scared and does not want to go back with his father.
Normally unless the child(ren) are in danger I urge clients to wait until the other party acts contemptuously more than once( 3 is generally my magic number). However, if the order is that specific I would assume the judge had enough of your co-parent during the hearing/trail. If the police were called you should the police report and/or call log and bring ALL pictures you took to court. It sounds like he acted in contravention of several provisions. Assuming you can prove what you wrote it sounds like you have a good faith claim for contempt.
This answer in no way creates an attorney-client relationship. I am only licensed to practice law in North Carolina. My answers are general in nature given the public forum and would likely be swayed if all the relevant facts were disclosed.
This is squarely in the realm of legal advice, and we cannot give you legal advice without fully understanding the circumstances of your issue.
Your best course of action contact a local attorney, either by email or phone, who will protect you and your rights.
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Whenever a party violates a court order, contempt is an option worth discussing. However, it is important to discuss this issue with an attorney as the facts of the case are significant in making a reasoned decision regarding how to proceed. It is impossible to provide accurate advice without all of the facts and a complete understanding of the case and your situation. With that being said, when a court order has been violated, there are typically grounds for contempt.
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