Emergency or Ex-Parte

In some circumstances, it may be necessary for a party to pursue an Emergency Custody Order prior to service of process or notice of hearing. An emergency or ex-parte temporary order for custody which changes the living arrangements of a child or changes custody may be entered if 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.

An ex-parte or emergency custody order may be entered by the court without a party’s notice in these limited circumstances and it is valid for 10 days. After the 10 days, there will be a 10 day return hearing to decide what the custodial arrangement should be until a temporary custody hearing may be conducted.