Emergency Custody in Union County NC
|
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
Emergency Custody Matters. Pursuant to N.C.G.S. § 50-13.5(d)(3), no party (or their counsel) shall seek an Ex Parte Emergency Custody Order unless there is a substantial risk of bodily injury or sexual abuse to the minor child, or a substantial risk that the minor child may be abducted or removed from the State of North Carolina for the purpose of evading the jurisdiction of North Carolina courts.
5.4(a) Notice. A party (or their counsel) seeking an Ex Parte Emergency Custody Order must provide reasonable advanced notice to the opposing party/ opposing party counsel prior to addressing the matter with a Judge or confirm that all reasonable means to give notice were used but were unsuccessful. The moving party shall submit the Motion and proposed Order in the District Court Judge’s Office by leaving a copy with a Family Court staff member and shall notify opposing counsel or pro se party immediately by email of the submission. No attorney or pro se litigant may contact the Judge directly at any time.
5.4(b) Affidavits. The verified pleading may be accompanied by verified Affidavits of third parties that are relevant only to the alleged facts regarding emergency custody.
5.4(c) Process. A cover letter shall accompany any Motion that indicates to the Judge whether the opposing party is represented and what efforts have been made to contact the opposing party or their counsel. The Judge, in his/her discretion, shall sign the Order presented or shall set up a call or meeting with the parties or their counsel prior to making a decision on the matter. If opposing counsel has asked to be heard on the matter, the Judge must give that person the opportunity to be heard by phone or in person that day prior to making a decision. If opposing counsel is unavailable on that day opposing counsel may submit a written response by 4:00 p.m. that day.
5.4(d) Sanctions. The filing of pleadings for emergency custody that are not well-grounded may result in sanctions against the offending party and/or their counsel, which may include, but are not limited to, attorney’s fees awards. Sanctions are within the Judge’s sole discretion.
5.4(a) Notice. A party (or their counsel) seeking an Ex Parte Emergency Custody Order must provide reasonable advanced notice to the opposing party/ opposing party counsel prior to addressing the matter with a Judge or confirm that all reasonable means to give notice were used but were unsuccessful. The moving party shall submit the Motion and proposed Order in the District Court Judge’s Office by leaving a copy with a Family Court staff member and shall notify opposing counsel or pro se party immediately by email of the submission. No attorney or pro se litigant may contact the Judge directly at any time.
5.4(b) Affidavits. The verified pleading may be accompanied by verified Affidavits of third parties that are relevant only to the alleged facts regarding emergency custody.
5.4(c) Process. A cover letter shall accompany any Motion that indicates to the Judge whether the opposing party is represented and what efforts have been made to contact the opposing party or their counsel. The Judge, in his/her discretion, shall sign the Order presented or shall set up a call or meeting with the parties or their counsel prior to making a decision on the matter. If opposing counsel has asked to be heard on the matter, the Judge must give that person the opportunity to be heard by phone or in person that day prior to making a decision. If opposing counsel is unavailable on that day opposing counsel may submit a written response by 4:00 p.m. that day.
5.4(d) Sanctions. The filing of pleadings for emergency custody that are not well-grounded may result in sanctions against the offending party and/or their counsel, which may include, but are not limited to, attorney’s fees awards. Sanctions are within the Judge’s sole discretion.
