An ex parte order is an order that is granted without giving the other side notice of the hearing, but only under very limited circumstances. An ex parte order is only granted in circumstances where there is a substantial risk of bodily injury or sexual abuse, or a substantial risk that the child may be removed from the state to avoid jurisdiction.
An ex parte order is only granted for a short period of time, typically 10 days. At the conclusion of that time, all parties are required to go to court and argue, based on evidence, to the judge why the ex parte order should continue or be dismissed.
Please understand that if there is no custody order or pending custody case, then it is hard to prevent a parent from taking his or her child out of North Carolina. This is because both parents have equal rights to their child. If there is an imminent threat to the child or they are taking the child out to evade jurisdiction, then you can try to get an ex parte order granting you custody until a judge can determine custody.
If there is a pending custody action or a custody order and they try to take the child out of the state, you can contact that state’s local law enforcement to get them to enforce the order and help you return the child. In North Carolina, there is a law that makes it a crime if a person takes the child out of state with the intent to violate a court order.
At Moretz & Skufca, PLLC, our Charlotte lawyers understand that you are most likely living through a nightmare. If this has occurred or is occurring, there are important steps to take. Contact an attorney to learn more about what you should do and how we can help you.
Charlotte Parental Abduction Lawyer
Unfortunately, this happens more than many people realize. Whether the parent takes the child to an undisclosed location in the same region, leaves the state or attempts to leave the country, it is important to act quickly. As an experienced legal professional, we can advise clients on the legal ramifications of the situation and how best to proceed. We will work with law enforcement to provide any help or information that brings your child home safely.
It is also important to note that you can contact an attorney before your child is the victim. If you legitimately believe that your ex-spouse is abusing the child or will soon arrive and attempt to take the children to his or her home outside of the state, it is crucial that you act quickly to legally protect yourself. Schedule a consultation with a custody dispute attorney at our firm as soon as possible.