When your child is involved, everything can feel like an emergency. However, North Carolina law has specific guidelines on when and how to file for emergency custody relief through the Court.
In North Carolina, a party can seek an emergency custody order if the person has standing to file an underlying custody claim, a custody claim already exists or is filed alongside the emergency custody motion, and if the emergency falls within specific statutory parameters. The initial filing is also known as an “Ex Parte” motion because the opposing party is not present when the claim is brought before the Court. If the Court finds that a statutory emergency exists, then the Court can issue an Ex Parte Emergency Custody Order. This Order is a short-term order granted in extremely limited circumstances and awards temporary custody to one parent. Courts typically grant these Orders due to a substantial risk of bodily injury, sexual abuse, or removal from North Carolina for the purpose of avoiding jurisdiction in North Carolina. In these circumstances, police involvement may occur to assist in recovering a child and returning the child to the party that has been granted emergency custody.
If an Emergency Order is filed and granted by the Court, a follow-up hearing generally occurs within ten (10) days. At that hearing, both parties have the ability to be present and provide further details to the Court about the child’s circumstances. The Court will utilize this information to determine if an emergency still exists and if the emergency custody order should be extended. Note: even if an emergency no longer exists, a Court may still enter a Temporary Custody Order that governs the parenting time and legal custody of the minor child.
Emergency Custody Orders are very rare and occur in limited circumstances. The most common scenario is when a party threatens to take the child to another Country or state with no intent to return the child. Although I tend to get the request to file an emergency custody action often, such a request is not always the best option for their case from both a financial and strategic standpoint. However, if you are concerned about the opposing party causing the child substantial bodily harm, sexual abuse, or fleeing the state with the child, please contact our team immediately. An experienced family law attorney can help you navigate the legal system to ensure the protection of your child.
If an emergency arises for your child, our Modern Legal team is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Modern Legal
