Juris-what? Jurisdiction and Why it is Important
For someone who has never stepped foot into a Courthouse, it can be confusing to figure out if you are in the right place. Should I be in Magistrate Court, District Court, Superior Court, or Juvenile Court? What do those things even mean?
When it comes to legal matters, the term “jurisdiction” is essential but often misunderstood. Simply put, jurisdiction refers to the authority granted to a court or legal body to make decisions and judgments.
Making sure you are in the right area is the first step to getting your family law case resolved.
Keys to remember:
1. In North Carolina, Family Law cases are handled in District Court. One of the most important steps in any legal case is making sure that you are in the right place to be heard. Generally, family law cases in North Carolina are heard in the District Court of your local county courthouse. Judges in a United States Federal Court are not allowed to listen to and rule on your family law matter because those courts do not have authority (jurisdiction) in family law matters. This concept stems from the separation of the federal government and state governments – Federalism. Simply put – in the United States, family law is an area of law reserved for the state to create, enforce, and decide issues in family law. It can cause significant delays if you start your case in the wrong place, so it is important to make sure this is done correctly.
It is also important to note that the Family Courts in North Carolina exist at the District Court level because most trials will be conducted via bench trial. A bench trial is where the Judge is the person who determines both the findings of fact and conclusion of law in a case. In comparison, a jury trial involves a group of “peers” that make the findings of fact. In North Carolina, a jury may be involved in Superior Court proceedings.
2. “Personal Jurisdiction” must exist over the parties involved. Personal Jurisdiction refers to the authority of a court or legal body to apply the court’s power or authority over. In action this may look like a question of whether a person who has never even stepped into the State of North Carolina is subject to a legal action in a North Carolina Court. Personal Jurisdiction often depends on the party’s residence, physical location at certain points of a legal proceeding, and the party’s connection to the place where the court is located. For example, in a child support action, the Court in the state where the payor of child support lives has personal jurisdiction over the payor to require the payment of child support, not necessarily the state where the child resides.
3. Subject-Matter Jurisdiction. This is a common question of jurisdiction in family law matters, and can get complicated really quickly. The concept of subject-matter jurisdiction refers to the authority of a Court to make decisions over certain types of legal disputes – but what if more than one Court has “by the book” jurisdiction. The answer to this question is easy if everyone lives in one state; but what if the parents share a week-on/week-off custody arrangement where one parent lives in North Carolina and the other parent lives in South Carolina? What if there was a court order filed in Georgia, but legal issues arose in North Carolina and no one lives in Georgia anymore? What if the parents just moved from a foreign country?
As with most things in the law, timing can be everything. Filing an action in the wrong place at the wrong time can result in costly delays and sometimes dismissals of your legal action all together. Making sure that you file your claim in the correct Jurisdiction can make all the difference as a first step in reaching a final resolution.
If you or someone you know has questions about Jurisdiction in their family law matter, our Modern Legal Team is here to help.
Please note: these educational materials are based on North Carolina and South 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.
Family is at the heart of everything I do, both personally and professionally. As a Family Law Attorney, I combine my passion for helping others with my unique journey—from growing up as the eldest child in a single-parent household to becoming the first attorney in my family. My experiences shaped my dedication to advocating for families in their most critical moments. Whether you’re building, protecting, or securing your family’s future, I’m here to help you find meaningful resolutions tailored to your needs.
