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Thank you for raising questions that were going through my mind LOL

It is not listed in the court order about anyone else doing pick ups or drop offs - but it doesn't say just BF and BM either

BM has been having other people call my house for the past week now but I wont answer the phone...they just leave messages and she was just served today so that wasn't breaking the RO

Thank you for your timely reply and advice...as soon as I had a legal question I KNEW to come right here...you have helped me for many years now...

THANK YOU

Case is in NC - BF lives in one County were the RO is issued and BM lives in the next county

My husband has a ex parte RO against his ex-wife - she was served today 5/12/06 at 10:30am

Their custody orders (from four years ago) state she has visitation this coming weekend (Mother's Day).

The child/my husband/myself are covered under the RO as no contact with the BM at all

The court date for this RO is 5/23/06

The BM's mother call my home at 11:30am and left a message on my answering machine stating she had the paper work and would be here to pick up the child at 10:30am tomorrow morning.

My questions:

1- Is there any paper work she could have filed to still take her visitation even with the RO in place?

2 - Would the court in a different county change the RO to allow BM visitation without the case being heard in court with both parties there?

3 - Any other advice you might have...

>STOP TELLING
>PEOPLE YOUR VERSION OF THE STORY.
>>

Sorry...and thank you for editing the post...stupid mistake on my part.

Thank you very much for the information

My hubby's ex is at it again.

Background:

She has filed five charges (all Communicating Threats and Assault on a Female) against three people since 2002 ~ Which she has always ended up having them Dismissed by her choice (four of them...the last one is set for a court date 1/24/06)

2002 ~ against my husband ~ Communicating Threats ~ Dismissed by her
2003 ~ against her husband ~ Assault on a Female ~ Dismissed by her
2004 ~ against me ~ Communicating Threats ~ Dismissed by her
2005 ~ against her husband ~ Assault on a Female ~ Dismissed by her
2005 ~ against my husband ~ Communicating Threats ~ Pending court date

My husband has full legal and physical custody of his daughter but she has been living at her mother's house for about 1 1/2 years now. At the moment she is being an out of control teenager and doing things that are dangerous to her health and safety. She has admitted doing drugs, drinking, smoking and having underage sex...she is 16 year old.

(content deleted by soc, to protect defendant's attorney-client privilege).

The law in NC is this:

14-277.1 Communicating Threats
     (a)  A person is guilty of a Class 1 misdemeanor if without lawful authority:
            (1)  He willfully threatens to physically injure the person or that person's child, sibling, spouse, or dependent or willfully threatens to damage the property of another;
            (2)  The threat is communicated to the other person, orally, in writing, or by any other means;
            (3)  The threat is made in a manner and under circumstances which would cause a reasonable person to believe that the threat is likely to be carried out; and
            (4)  The person threatened believes that the threat will be carried out.
      (b)  A violation of this section is a Class 1 misdemeanor. (1973, c. 1286, s. 11; 1993, c. 539, s. 172; 1994, Ex. Sess., c. 24, s. 14(c); 1999-262, s. 2.)

My Questions:

1 ~ What does the law mean when it states "without lawful authority"?

2 ~ Worst case...what are the punishments for a Class 1 misdemeanor in NC?

3 ~ What can we do about the ex filing charges and dismissing them all the time? (I really don't care if she does that to her own husband but it shows a pattern and I pull all of our Crimminal records to prove it)

4 ~ Does this case NEED for us to hire a lawyer to protect my husband?

Thank you in advance Soc and any advice is welcome from others too.

BM and BF have joint legal with BF having physical

Both parties lived in the home state (State A) and have moved from that state

2.5 years ago BM moved to State B
5 months ago BF moved to State C

Court order is in State A

Children do not spend 6 months in either state

1. Can BM move the case to her state and filed contempt (not for custody as that is not what the children want at this time, but because BF is doing everything he can to keep BM from information which is legally allowed to her thru the court order)?

2. If the BF has not lived in State C for 6 months he cannot move it there right?

3. Does the fact that the children go to school in BF's state make a difference as to which state gets jurisdiction (or is it in this case first come first serve)?

Thank you

I want to thank you all...I made the reservations today and will be going to pay for their first tickets on the first of Feb. We ended up going with Southwest because that was the only one I could find with a direct flight between our states MA and NC...

Once again thank you to all

Okay...I said I was never going to do this but the kids are getting VERY tired of driving 12 hours one way to visit with me...with that said...

Anyone whose children fly alone could you please walk me through the whole thing and let me know what I need to do...PLEASE? And how they take care of the kids...are they good...I am so nervous!!!

My children are 12 and 13...