N.C. Gen. Stat. § 50A-308

Expedited enforcement of child-custody determination

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(a) A petition under this Part must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original.

(b) A petition for enforcement of a child-custody determination must state:

(1) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was;

(2) Whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this Article and, if so, identify the court, the case number, and the nature of the proceeding;

(3) Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding;

(4) The present physical address of a child and the respondent, if known;

(5) Whether relief in addition to the immediate physical custody of the child and attorneys' fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and

(6) If the child-custody determination has been registered and confirmed under G.S. 50A-305, the date and place of registration.

(c) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner.

(d) An order issued under subsection (c) must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses under G.S. 50A-312, and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that:

(1) The child-custody determination has not been registered and confirmed under G.S. 50A-305 and that:

a. The issuing court did not have jurisdiction under Part 2;

b. The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under Part 2;

c. The respondent was entitled to notice, but notice was not given in accordance with the standards of G.S. 50A-108 in the proceedings before the court that issued the order for which enforcement is sought; or

(2) The child-custody determination for which enforcement is sought was registered and confirmed under G.S. 50A-304, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2. (1999-223, s. 3.)

Notes of Decisions

Cited in 6 cases, 2004–2020 · leading case: Chick v. Chick

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Chick v. Chick (2004) ncctapp · cites it 6× “N.C. Gen. Stat. § 50A-308(d)(2) (2003). Thus, contrary to mother’s contention, nothing in the statute requires that the party seeking registration wait twenty days before registration is effective.”

Rinna v. Steven B. (2009) ncctapp · cites it 4× “The Hague Convention petition filed in this case by the Mannheim Department of Children’s Services (“Mannheim DCS”) was not verified in violation of N.C. Gen. Stat. § 50A-308(a) (2007). In In re T.”

In re Q.V. (2004) ncctapp · cites it 10× “N.C. Gen. Stat. § 50A-308 (2003). The statute defines “petitioner” to mean “a person who seeks enforcement .”

In Re QV (2004) ncctapp · cites it 10× “N.C. Gen.Stat. § 50A-308 (2003). The statute defines "petitioner" to mean "a person who seeks enforcement .”

Hamdan v. Freitekh (2020) ncctapp · cites it 4× “§ 50A-308 cmt. Where the petitioner seeks an expedited enforcement of the child-custody determination, the petition “must be verified,” and “[c]ertified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition.”

— N.C. Gen. Stat. § 50A-308(a) — 3 cases

Rinna v. Steven B. (2009) ncctapp “The Hague Convention petition filed in this case by the Mannheim Department of Children’s Services (“Mannheim DCS”) was not verified in violation of N.C. Gen. Stat. § 50A-308(a) (2007). In In re T.”

Hamdan v. Freitekh (2020) ncctapp “§ 50A-308 cmt. Where the petitioner seeks an expedited enforcement of the child-custody determination, the petition “must be verified,” and “[c]ertified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition.”

— N.C. Gen. Stat. § 50A-308(d)(2) — 1 case

Chick v. Chick (2004) ncctapp “N.C. Gen. Stat. § 50A-308(d)(2) (2003). Thus, contrary to mother’s contention, nothing in the statute requires that the party seeking registration wait twenty days before registration is effective.”

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