I don't think she has the grounds to stop you from the move, but you will be in breach of the contract and she can file a custody action and may have an argument to change the custodial arrangement. The test is what is in the children's best interest, and if the judge determines that it is in the children's best interest to reside with her primarily for school purposes, she may order it as such.
It does not sound like your wife has grounds for emergency custody under the statute (NCGS 50-13.5(d)(3))
Attorney with Rosen Law Firm
Ballantyne • Cary • Chapel Hill • Charlotte • Durham • Raleigh • Matthews • PinevilleRosen Online
| Unlimited confidential access to a North Carolina attorney for $199/mo - click here
We aim to be your best option for finding a Raleigh divorce lawyer, Charlotte divorce lawyer, or Durham divorce lawyer The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.