When a child’s safety is at stake, North Carolina law allows for swift legal intervention through an order for emergency child custody, sometimes issued without notifying the other parent. These ex parte custody orders are rare, powerful, and governed by strict legal standards.
⚖️ What is an Ex Parte Custody Order?
An ex parte custody order is a temporary court order issued without the other party being present. Although scrutinized by judges due to due process concerns, North Carolina law permits such orders in very limited and urgent circumstances.
Under North Carolina law a judge may issue an emergency custody order only if:
- The child is exposed to a substantial risk of bodily injury;
- The child is exposed to a substantial risk of sexual abuse; or
- There is a substantial risk that the child may be abducted or removed from North Carolina to evade the jurisdiction of its courts.
These orders are not granted lightly. Judges are cautious because issuing an order without hearing from both sides requires a significant decision. As a result, courts rely heavily on the motion and affidavit submitted by the requesting party. These documents must be drafted with precision, clarity, and compelling evidence.
📝 Procedural Requirements and Legal Standards
Ex parte custody orders are governed by procedural rules rooted in statutes concerning service of process and notice. The law requires that:
- The court must have jurisdiction over the child.
- The motion must be filed within an existing custody action or alongside a complaint for custody.
- The order must be supported by sworn affidavits detailing the emergency circumstances.
Importantly, ex parte orders that change a child’s living arrangement or custody status cannot be entered unless one of the three statutory risks is present.
⏱️ What Happens After an Ex Parte Order is Entered?
North Carolina law requires that the court schedule a prompt follow up hearing, typically within 10 days, where both parties can present their case. At this hearing, the court will determine whether to:
- Continue the temporary custody arrangement.
- Modify or terminate the order.
- Proceed toward a permanent custody resolution.
The focus of this hearing is not whether the ex parte order was justified, but whether a temporary custody order is appropriate moving forward.
👨⚖️ Why Legal Representation Matters
Emergency custody cases move quickly and carry serious consequences. Whether you’re seeking protection for a child or responding to an ex parte order, having experienced legal counsel is critical.
At Parker, Parker & Pittman, we understand the urgency and complexity of these cases. We help clients prepare strong motions and affidavits, advocate effectively in court, and protect the best interests of the child every step of the way.
📞 Need help with an emergency custody matter? Contact our family law team today for guidance and representation you can trust.
