Emergency Custody in Union County NC
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Filing for emergency custody in Union County, NC without an attorney is possible, but not easy and will be scrutinized by the judge. As a general rule it would be advisable to at least consult with an attorney to see if your basis for applying for emergency custody qualifies under the statue and local custom as there are no local forms available like there are to file pro-se for child custody.
Generally speaking to apply for an emergency order there must be some immediate danger to the minor child or the other parent must be threatening to take the child out of State to avoid NC jurisdiction. That being said, sometimes Union County judges will sign a "status quo" order meant to preserve the current custody arrangement until a hearing on child custody |
Motion for Ex Parte Orders
Motions for Ex Parte Orders shall be submitted only for such emergency circumstances as are allowed by the Rules of Civil Procedure, statute or other law. (See Rule 2.4).
1. Motions for Ex Parte Orders shall be verified and submitted in writing to the assigned judge and must be delivered in person to the assigned judge by the attorney or litigant requesting the Ex Parte Order.
2. If an opposing party is represented, reasonable steps shall be taken to contact counsel for the opposing party before an Ex Parte motion is submitted. When seeking an Ex Parte ruling, parties shall inform the court of the identity of any opposing counsel. Ex Parte Orders shall be in writing and shall include the date, time and place such order is scheduled for review.
3. If any Ex Parte motion is filed and a subsequent communication with a Judge occurs about said motion without the other party or lawyer present, then the attorney or party must promptly deliver a written copy of such communication to the opposing party or counsel and if no attorney is involved on the opposing side, then service of said motion must be completed in compliance with Rule 4 of the North Carolina Rules of Civil Procedure.
1. Motions for Ex Parte Orders shall be verified and submitted in writing to the assigned judge and must be delivered in person to the assigned judge by the attorney or litigant requesting the Ex Parte Order.
2. If an opposing party is represented, reasonable steps shall be taken to contact counsel for the opposing party before an Ex Parte motion is submitted. When seeking an Ex Parte ruling, parties shall inform the court of the identity of any opposing counsel. Ex Parte Orders shall be in writing and shall include the date, time and place such order is scheduled for review.
3. If any Ex Parte motion is filed and a subsequent communication with a Judge occurs about said motion without the other party or lawyer present, then the attorney or party must promptly deliver a written copy of such communication to the opposing party or counsel and if no attorney is involved on the opposing side, then service of said motion must be completed in compliance with Rule 4 of the North Carolina Rules of Civil Procedure.