[NCDad]

I live in N.C. During my marriage I made many video tapes of my children as they were growing up. The tapes cover their birth all the way up to their teen years. Also on the tapes are my father and grandparents who are all now deceased. In the property settlement agreement which was incorporated into the final divorce agreement, the tapes were declared as joint property of me and the ex. I have asked my ex several times for the tapes so I can transfer them to dvd's, once finished I will return them to her. She refuses to allow me to have the tapes. So, I tried to file an action with the clerk of court to take her to court to have the agreement enforced but they said I would have to have an official nc legal "Show Cause" form to file the claim. They said I would have to have an attorney draft the document. I really don't want to go to this expense. What can I do? Is this something I can do myself and if so how? Since she is clearly in contempt I just want to get her to court, get the tapes and be done with it... Thanks

[JudyKayTee]

Know what I did? I told my "ex" to have the copies made. He took them to the video store, they made the copies, I paid for the copies and picked them up, he picked up the originals.

Court stayed out of it.

Otherwise I would believe what the NC Court told you.

[NCDad]

Obviously JudyKayTee you have a cooperative ex, I do not. She is not going to do anything to help ME out. I believe what I was told by Clerk of Courts office. I am looking for a way to obtain or create the proper form without having to involve a lawyer.

[JudyKayTee]

Obviously JudyKayTee you have a cooperative ex, I do not. She is not going to do anything to help ME out. I believe what I was told by Clerk of Courts office. I am looking for a way to obtain or create the proper form without having to involve a lawyer.

No, I did not - he got a lot more cooperative when I told him I would take him back to Court to get the original Decree enforced - and I wasn't joking.

I'm reading that the Clerk told you you need an official document (Order to Show Cause, probably) and an Attorney to draft it. In my area that means that the Court will NOT accept anything else. I would believe the Clerk.

There are several Internet sites where you can obtain the wording for the form. What County?

[NCDad]

Well after many requests for the tapes with no results, I have told her I am taking her to court and she has not responded. I have been dealing with her antics for 5 years. She has been nothing but uncooperative even to the extent of cutting me off completely from my kids for three years. This will have to go to court and all I need is the proper document to file the complaint. You are fortunate you were able to get what you wanted without involving the court.

[JudyKayTee]

I asked you about the County for a reason - the process varies slightly. At any rate you can get the O/SC wording here and then just punch in the blanks to make it appropriate - Clerk of Superior Court - NC Civil Forms.

You also need to change your thinking if you are going to represent yourself - I was not fortunate that I was able to get what I wanted. I was legally entitled and I "got" what the Court Ordered.

Keep in mind that you are legally correct and she is in violation of a Court directive.

[NCDad]

Thanks I will check out the web site. Oh I know I am entitled to the tapes based on the agreement and she is in clear violation and contempt of the agreement. That is why I want to take it to court and let the judge decide without unnecessarily involving an attorney. My hope is that whe she gets served she will decide to cooperate.

[JudyKayTee]

Right - and keep that mindset. She is in violation. She is not doing you a favor.

Let me know if the form is problematical.

[NCDad]

I checked the site and did not see a form relating to violation of property settlement. It looks like most are related to child support or domestic violence. There is a Motion for Order to Show Cause AOC-CV-601 but it is for failure to pay child support.

[ScottGem]

You may be able to get a para-legal to do the form for a lower cost.

[NCDad]

Good idea ScottGem.