Staunton, VA asked in Child Custody, Divorce and Family Law for North Carolina

Q: My boyfriends ex wife will not allow their children to have any contact with him verbally or physically. Is this legal?

My boyfriend and his ex-wife are separated,but are not divorced as of yet. Hey do you have a mediation appointment set for the first week of August. There is no court order or motion for anything in regards to custody, child support, or alimony. But what we have looked up, he still has equal share in all rights to his children. She will not allow him to have any access to them verbally or physically nor will she make any contact with him whatsoever via phone email etc. She has taken them out of state to some summer camp just recently where they are at apparently right now without even informing him. Is she legally in the right to be doing any of this, and what legal right does he have with all of this. Is it considered parental kidnapping what she is doing especially since she made no contact whatsoever to let him know that she was taking them out of state? And what about her not allowing the children to have any contact with him?

1 Lawyer Answer

Amanda Bowden Houser

Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: It is legal if she has good cause. However, likely she does not have good cause and is just using the children as a way to be vindictive. If she does not have good cause, doing what you describe her to have done will make her look bad in court and may also be a crime. Your boyfriend, needs to consult with a family law attorney who can review the situation in more detail and lay out his options. Best of luck.

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