North Carolina Motion to Contest Validity of a Registered Foreign Child Custody Order and Notice of Hearing
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FAQ
Foreign order means a court or administrative order entered by a tribunal other than one in the state of Washing- ton, including an order entered by a tribunal in an Indian tribe or another state or country.
The Court in its inherent jurisdiction has the power to set aside its own Judgment or Order made without jurisdiction or if same has been fraudulently obtained. In such circumstance, an appeal for the purpose of having the null judgment or order cannot be said to be necessary.
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties.
The Court in its inherent jurisdiction has the power to set aside its own Judgment or Order made without jurisdiction or if same has been fraudulently obtained. In such circumstance, an appeal for the purpose of having the null judgment or order cannot be said to be necessary.
To ask a court to set aside (cancel) a court order or judgment, you have to file a request for order to set aside, sometimes called a motion to set aside or motion to vacate. The terms set aside or vacate a court order basically mean to cancel or undo that order to start over on a particular issue.
The judge will review the exceptions filed against the magistrates report and recommended order. If the exceptions have merit, the judge will deny the magistrates report and order and enter their own order.
The way that a party asks a court to enforce its order is through a particular type of motion, called an Order to Show Cause.Those sanctions can include such things as a money judgement against the non-compliant party if they fail to pay the money that they were supposedly ordered to pay.
The Court order is invalid because the court had no authority to act (subject matter jurisdiction), or you were not served with legal notice in the original case (personal jurisdiction).
Our appellate courts have held that one superior court judge may only modify, overrule, or change the order of another superior court judge where the original order was (1) interlocutory, (2) discretionary, and (3) there has been a substantial change of circumstances since the entry of the prior order.
