North Carolina Emergency Custody Motion

Q: What is an emergency custody request called in North Carolina?

North Carolina law speaks of a temporary custody order entered ex parte, which means before service of process or notice. The authority is N.C. Gen. Stat. 50-13.5(d)(2)-(3).

Q: What must I show for an ex parte custody order in North Carolina?

For a temporary order that changes the child's living arrangements or changes custody, the court must find that the child is exposed to a substantial risk of bodily injury or sexual abuse, or that there is a substantial risk that the child may be abducted or removed from the State of North Carolina for the purpose of evading the jurisdiction of North Carolina courts (N.C. Gen. Stat. 50-13.5(d)(3)). The court decides whether the facts meet that standard, and no order is guaranteed.

Q: Does North Carolina require notice to the other parent before a custody motion?

Generally yes. A custody motion in a pending action may be made on 10 days notice to the other parties, after compliance with G.S. 50A-205 (50-13.5(d)(1)). The exception is an ex parte order when the court makes the finding described in 50-13.5(d)(3).

Q: How long does a North Carolina ex parte custody order last?

This guide does not give a duration or hearing deadline for an ex parte order under 50-13.5, so ask the clerk or an attorney how soon a hearing will be held. A temporary custody order in a domestic violence order under Chapter 50B is for a fixed period not to exceed one year (G.S. 50B-3).

Q: Is there a North Carolina domestic violence route to emergency custody?

Yes. Chapter 50B allows temporary custody (50B-3(a)(4)). For ex parte custody there, the court must find the child is exposed to a substantial risk of physical or emotional injury or sexual abuse (50B-2(c)(2)). Emergency relief is also tied to danger of serious and immediate injury (50B-2(b)).

Q: Can a North Carolina court act in an emergency if the child lives in another state?

Under G.S. 50A-204, a North Carolina court has temporary emergency jurisdiction if the child is present in the state and has been abandoned, or if it is necessary in an emergency to protect the child because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.

Q: Where do I file an emergency custody motion in North Carolina?

In district court. For custody, venue is the county where the child resides or is physically present, or where a parent resides (N.C. Gen. Stat. 50-13.5(f)).

Q: What if the situation is not an emergency in North Carolina?

If you are seeking a change to an existing order without an emergency, a custody motion in a pending action may be made on 10 days notice to the other parties, after compliance with G.S. 50A-205 (50-13.5(d)(1)). The modifying child custody guide covers that route.

Ex parte: substantial risk of bodily injury, sexual abuse, or removal from NC to evade NC courts

Find out where you stand in North Carolina

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Introduction

Under G.S. 50-13.5(d), a temporary order changing custody is ex parte only on a finding of substantial risk of bodily injury, sexual abuse, or abduction or removal from NC to evade NC jurisdiction. Otherwise motions need 10 days notice and 50A-205 compliance.

Key Things to Know

1
If your child is in immediate danger, call 911 now. A court filing takes time and cannot replace emergency help.
2
The statute calls the request a temporary custody order entered ex parte, meaning before service of process or notice (N.C. Gen. Stat. 50-13.5(d)(2)-(3)).
3
A temporary custody order that changes the child's living arrangements or changes custody cannot be entered ex parte unless the court finds that the child is exposed to a substantial risk of bodily injury or sexual abuse, or that there is a substantial risk that the child may be abducted or removed from the State of North Carolina for the purpose of evading the jurisdiction of North Carolina courts (50-13.5(d)(3)). The court decides whether that is met.
4
Without that finding, a custody motion in a pending action may be made on 10 days notice to the other parties, after compliance with G.S. 50A-205 (50-13.5(d)(1)).
5
An order directing officers to take physical custody of the child must be accompanied by a warrant under G.S. 50A-311 (50-13.5(d)(3)).
6
If the child is present in North Carolina, temporary emergency jurisdiction exists under G.S. 50A-204 when the child has been abandoned or protection is needed because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.
7
File in district court. Venue is the county where the child resides or is physically present, or where a parent resides (50-13.5(f)). Ask the clerk how soon a hearing will be set and whether the court has forms for this request.

Key decisions before you file

Before you file a Emergency Custody Motion in North Carolina, a few decisions shape the document: which option to choose and what each one means. The Emergency Custody Motion guide walks through them.

Open the Emergency Custody Motion guide

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STATE OF NORTH CAROLINA COUNTY OF [COUNTY]

DISTRICT COURT DIVISION FILE NO. [FILE NUMBER, IF A CASE IS PENDING]

[MOVANT NAME], Plaintiff/Movant, v. [OTHER PARENT NAME], Defendant/Respondent.

MOTION FOR EMERGENCY TEMPORARY CUSTODY AND AFFIDAVIT IN SUPPORT (N.C. Gen. Stat. 50-13.5(d))

Movant is the [MOTHER, FATHER, OR OTHER] of the minor child, [CHILD NAME], born [DATE OF BIRTH], who lives at [CHILD'S CITY, COUNTY, AND STATE] [IF APPLICABLE: AND HAS LIVED IN NORTH CAROLINA SINCE DATE].
Existing orders and cases: [EXISTING CASES AND ORDERS WITH COURT AND FILE NUMBER, OR NONE].
Facts of the emergency: On or about [DATE], [WHAT HAPPENED AND WHO WAS INVOLVED]. These facts show [IF APPLICABLE: A SUBSTANTIAL RISK OF BODILY INJURY TO THE CHILD] [IF APPLICABLE: A SUBSTANTIAL RISK OF SEXUAL ABUSE OF THE CHILD] [IF APPLICABLE: A SUBSTANTIAL RISK THAT THE CHILD MAY BE ABDUCTED OR REMOVED FROM NORTH CAROLINA TO EVADE THE JURISDICTION OF NORTH CAROLINA COURTS], because [EXPLAIN].
Movant requests the following temporary orders: [ALTERNATIVE A: TEMPORARY CUSTODY OF THE CHILD TO MOVANT] [ALTERNATIVE B: SUPERVISED VISITATION ONLY FOR THE OTHER PARENT] [ALTERNATIVE C: AN ORDER THAT THE CHILD NOT BE REMOVED FROM NORTH CAROLINA] [IF APPLICABLE: A WARRANT UNDER N.C. GEN. STAT. 50A-311 FOR LAW ENFORCEMENT TO TAKE PHYSICAL CUSTODY OF THE CHILD], and a hearing on notice to the other parent.
Notice: [IF APPLICABLE: NOTICE OF THIS MOTION WAS GIVEN TO THE OTHER PARTIES ON DATE BY METHOD, ON 10 DAYS NOTICE UNDER N.C. GEN. STAT. 50-13.5(d)(1), AFTER COMPLIANCE WITH N.C. GEN. STAT. 50A-205] [IF APPLICABLE: NOTICE WAS NOT GIVEN BEFORE FILING BECAUSE THE CHILD IS EXPOSED TO A SUBSTANTIAL RISK OF BODILY INJURY OR SEXUAL ABUSE, OR A SUBSTANTIAL RISK THAT THE CHILD MAY BE ABDUCTED OR REMOVED FROM NORTH CAROLINA FOR THE PURPOSE OF EVADING THE JURISDICTION OF NORTH CAROLINA COURTS, AS N.C. GEN. STAT. 50-13.5(d)(3) ALLOWS].
[IF APPLICABLE: The child is present in North Carolina and [ALTERNATIVE A: THE CHILD HAS BEEN ABANDONED] [ALTERNATIVE B: IT IS NECESSARY IN AN EMERGENCY TO PROTECT THE CHILD BECAUSE THE CHILD, OR A SIBLING OR PARENT OF THE CHILD, IS SUBJECTED TO OR THREATENED WITH MISTREATMENT OR ABUSE], as N.C. Gen. Stat. 50A-204 provides, because [EXPLAIN]. [IF APPLICABLE: ANOTHER STATE HAS A CUSTODY CASE OR ORDER: STATE, COURT, AND CASE NUMBER].]

WHEREFORE, Movant asks the Court to enter the temporary orders requested above and to set a hearing.

This the [DAY] day of [MONTH], [YEAR].

[SIGNATURE] [PRINTED NAME] [ADDRESS] [PHONE AND EMAIL]

AFFIDAVIT

[AFFIANT NAME], being first duly sworn, says that the facts in this Motion are true of personal knowledge, except those stated on information and belief, which Affiant believes to be true.

[SIGNATURE OF AFFIANT]

Sworn to and subscribed before me this [DAY] day of [MONTH], [YEAR].

[NOTARY SIGNATURE], Notary Public My commission expires: [DATE]

CERTIFICATE OF SERVICE

I certify that on [DATE] I served a copy of this Motion on [OTHER PARENT OR COUNSEL] by [METHOD OF SERVICE] at [ADDRESS]. [IF APPLICABLE: Service was not made before filing for the reasons stated in paragraph 5.]

[SIGNATURE] [PRINTED NAME]

North Carolina Requirements for Emergency Custody Motion

Ex Parte Custody Standard
A custody-changing temporary order cannot be entered ex parte unless the court finds a substantial risk of bodily injury or sexual abuse, or a substantial risk of abduction or removal from North Carolina to evade its jurisdiction (N.C. Gen. Stat. 50-13.5(d)(3)).
10 Days Notice for Custody Motions
Motions for custody in a pending action may be made on 10 days notice to the other parties, after compliance with G.S. 50A-205 (N.C. Gen. Stat. 50-13.5(d)(1)).
Warrant to Take Physical Custody
An order requiring officers to take physical custody of the child must be accompanied by a warrant under G.S. 50A-311 (N.C. Gen. Stat. 50-13.5(d)(3)).
Temporary Emergency Jurisdiction
A North Carolina court may act in an emergency if the child is present in the state and abandoned, or needs protection because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse (N.C. Gen. Stat. 50A-204).
District Court Venue
Custody venue is the county where the child resides or is physically present, or where a parent resides (N.C. Gen. Stat. 50-13.5(f)).
Facts Tied to the Statutory Standard
The motion states the facts of the emergency and ties them to the substantial risk of bodily injury or sexual abuse, or of abduction or removal from North Carolina to evade its courts' jurisdiction, that G.S. 50-13.5(d)(3) requires the court to find.
Notice Given or Reason It Was Not
The motion states whether notice was given to the other parent, or why the request is made ex parte under G.S. 50-13.5(d)(3).
Chapter 50B Temporary Custody Limit
Temporary custody in a domestic violence order under Chapter 50B is for a fixed period not to exceed one year (N.C. Gen. Stat. 50B-3).

Frequently Asked Questions

What is an emergency custody request called in North Carolina?

What must I show for an ex parte custody order in North Carolina?

Does North Carolina require notice to the other parent before a custody motion?

Can police take my child under a North Carolina emergency custody order?

How long does a North Carolina ex parte custody order last?

Is there a North Carolina domestic violence route to emergency custody?

Can a North Carolina court act in an emergency if the child lives in another state?

Where do I file an emergency custody motion in North Carolina?

What if the situation is not an emergency in North Carolina?

Find out where you stand in North Carolina

Introduction

Key Things to Know

Key decisions before you file

Customize your Emergency Custody Motion Template with DocDraft

North Carolina Requirements for Emergency Custody Motion

Ex Parte Custody Standard

10 Days Notice for Custody Motions

Warrant to Take Physical Custody

Temporary Emergency Jurisdiction

District Court Venue

Facts Tied to the Statutory Standard

Notice Given or Reason It Was Not

Chapter 50B Temporary Custody Limit

Frequently Asked Questions