If there is no custody or custody order in progress, it is difficult to prevent a parent from removing a child from the state. This is due to the fact that both parents have equal rights vis-à-vis the child. If there is an imminent threat to the child or if the child is removed to escape jurisdiction, you can try to get an ex-parte order that grants you custody until a judge can determine custody. If you have a temporary custody order, you can schedule another hearing in your case without having to make additional applications, although in some cases filing an application may be helpful. If you have a permanent custody order, you must file an application for amendment. If you are applying for an amendment, you must state in your application and prove in court that the circumstances have changed significantly since the original order was made and that these amendments affect the child in a way that requires that the old order be amended to serve the best interests of the child. The North Carolina court also has the discretion to decide to dismiss jurisdiction if, in an initial lawsuit, the plaintiff wrongly took the child from another state or if North Carolina is an uncomfortable forum for prosecution. With regard to the question of the modification of an existing judgment in custody, a competent court may not amend the decree of another State unless that State has lost its jurisdiction or refused to exercise it. Typically, before a judge can hear your case, they are sent to the Custody Mediation Program.
For more information on custodial mediation, see the topic of custodial mediation assistance. If you and the other party are unable to agree on a custody and visitation plan during mediation, a judge may hear your case to make a decision for you. In most cases, a hearing is scheduled only if one of the parties requests it. In order for a grandparent to apply to the court for access, there must be a custody order signed by a judge or an ongoing custody dispute. The underlying policy is that the courts do not want to disturb the intact family and only let grandparents intervene in the event of family disruption, that is, an action for custody has been filed. If custody is judged, you must adhere to several principles. First, the emphasis on the best interests of the child in determining your child`s origin forces the court to focus primarily on you and your spouse. The court will therefore carefully consider your behaviour in the past and, based on your background, the court will predict how you will behave in the future. In his decision, the procedural judge has a wide discretion.
Appel appel appel appel depending is very limited in this type of litigation, as the courts of appeal are unwilling to replace their judgment on the facts with the trial judge who presided over the proceedings. No no. Each parent may be entrusted with the care of a child of any age, depending on the specific circumstances of the family. There are also certain limits of jurisdiction. The court must dismiss jurisdiction where a custody action was brought in another state when the claim was filed in North Carolina, as long as the exercise of jurisdiction of the other state complies with the requirements of the UCCJEA. . . .