A North Carolina Motion To Show Cause For Failure To Appear and Comply With Custody Mediation is a legal document filed by one parent in a child custody dispute in North Carolina, in order to compel the other parent to appear in court or comply with the terms of a custody mediation agreement. The motion seeks to force the other parent to comply with the court’s orders or risk being held in contempt of court. This document is usually filed in cases involving divorced parents or those who are separated but still have custody and visitation disputes. There are two types of North Carolina Motion To Show Cause For Failure To Appear and Comply With Custody Mediation: (1) Motion to Show Cause for Failure to Appear for Custody Mediation and (2) Motion to Show Cause for Failure to Comply with Custody Mediation. Both motions seek to compel the other parent to appear in court and/or comply with the terms of the custody mediation agreement. In the Motion to Show Cause for Failure to Appear for Custody Mediation, the court orders the other parent to appear in court to discuss the terms of the custody agreement. In the Motion to Show Cause for Failure to Comply with Custody Mediation, the court orders the other parent to comply with the terms of the custody agreement, including any court orders or obligations set forth in the agreement.
North Carolina Motion To Show Cause For Failure To Appear and Comply With Custody Mediation
Description Show Cause Order
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FAQ
Show cause orders instruct parties to ?show cause? why the court should decide in their favor on a motion. More accurately, a show cause order instructs a party to appear at a hearing and show cause why the court should not grant a motion another party filed. Many of the most complicated motions are by show cause.
An Order to Show Cause requires that you attend Court at the date and time given and present evidence to the Court showing that you have not been smoking weed and drinking while the child is present.
Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion ?filed,? place the original in the Court file and return two (2) copies of the ?filed? document to you.
A person may be held in civil contempt (in either a civil or a criminal action) if he or she has willfully failed to comply with a court order and has the present ability to comply with that order.
The Order to Appear and Show Cause (WAKE-DOM-05B) will contain two court dates: one for an Advisement Hearing which the moving party does NOT need to attend. The second date is for the Show Cause Hearing, at which testimony will be taken and evidence may be produced.
Take your completed packet to the Clerk's Office (Civil Filing Department), Room 3725. This is where you file your motion and pay the required $20 filing fee. 3. Request that the Judge sign the Order to Appear and Show Cause.
Ex-Parte Entered: If a judge finds there's enough evidence for a 50B or 50C to be entered, she will issue an ex-parte order. An ex-parte order is good for ten days. The defendant will be notified by sheriff that an ex-parte has been filed.