A court in North Carolina may have jurisdiction to issue a temporary child custody order when the child is physically present in the state and the child was abandoned or the child, sibling, or parent is threatened with mistreatment or abuse. In rare circumstances a North Carolina court will find the above factors present and will issue an ex parte order granting temporary custody.
Ex Parte Order
An ex parte order is an order issued by the court upon hearing evidence presented by only one party, without the notification or presence of the other party. Because the other party is not present or even aware of the ex parte hearing, these orders are generally only valid for 10 days. After which the opposing party is required to be served with notice and given an opportunity to present evidence and be heard on the matter. Any custody granted by the court as a result of an emergency custody hearing is only temporary and last until a full custody hearing.
If you are in a situation where you believe emergency custody is necessary or an ex parte custody order has been issued against you, contact our office to set up a consultation with Doughton Horton today.
FROM THE BLOG
According to North Carolina Law, domestic violence occurs in one of the following ways: Attempting to cause or intentionally causing bodily injury to another. Placing someone (or a member of their family or household) in fear of imminent serious bodily injury or continued harassment ...