Emergency Motion To Return Child For Visitation In Mecklenburg
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FAQ
In California, parents have the right to petition for an emergency custody hearing in family court under certain circumstances to protect their child from imminent harm. However, understanding what constitutes emergency custody can be complicated.
As in most other states, children in North Carolina aren't allowed to refuse to visit a parent under an existing visitation order until they're legal adults (when they turn 18 or otherwise become legally emancipated).
Procedure for Obtaining an Emergency Custody Order While the exact procedure varies by county, you must file a motion or complaint alongside a sworn statement of facts setting out why the order is justified. The judge will often consider your motion ex parte, meaning the other parent will not be present at the hearing.
What is a Motion for Ex Parte Temporary Emergency Custody? The Motion for Ex Parte Temporary Emergency Custody allows for an individual to request Temporary Emergency Custody of a child or children in emergency situations. These particular situations are outlined in N.C.G.S. 50-13.5(d)(3).
If you no longer want to continue with your custody and visitation case, you can file a motion asking the judge to dismiss it. However, if the other parent has already come to court or filed legal papers in the case, both you and the other parent must sign the motion for dismissal.
If you want to change a temporary custody order, you'll have to file a motion, write an affidavit (written statement), and collect other affidavits from professionals, neighbors, friends, and family members who support your motion.
The grounds for granting emergency custody include situations in which a child is at a substantial risk of bodily injury, sexual abuse, or removal from North Carolina for the purpose of avoiding the authority of the North Carolina courts. Law enforcement can assist in recovering a child with an emergency custody order.
Insufficient Evidence: The court requires compelling evidence to grant emergency custody. While you mentioned having videos, pictures, and text messages, the court might have found the evidence insufficient to demonstrate an immediate threat.
If granted, the emergency custody order stands until a judge issues further custody orders. Once an ex parte emergency custody order has been issued, a return hearing must be scheduled within ten days to determine whether an emergency order should be continued.
