N.C. Gen. Stat. » Chapter 7B
NC General Statutes

N.C. Gen. Stat. § 7B-1003 (2026)

Disposition pending appeal

✓ current as of July 2026
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(a) During an appeal of an order entered under this Subchapter, the trial court may enforce the order unless the trial court or an appellate court orders a stay.

(b) Pending disposition of an appeal, unless directed otherwise by an appellate court or subsection (c) of this section applies, the trial court shall:

(1) Continue to exercise jurisdiction and conduct hearings under this Subchapter with the exception of Article 11 of the General Statutes; and

(2) Enter orders affecting the custody or placement of the juvenile as the court finds to be in the best interests of the juvenile.

(c) Pending disposition of an appeal of an order entered under Article 11 of this Chapter where the petition for termination of parental rights was not filed as a motion in a juvenile matter initiated under Article 4 of this Chapter, the court may enter a temporary order affecting the custody or placement of the juvenile as the court finds to be in the best interests of the juvenile. Upon the affirmation of the order of adjudication or disposition of the court in a juvenile case by the Court of Appeals, or by the Supreme Court in the event of an appeal, the court shall have authority to modify or alter its original order of adjudication or disposition as the court finds to be in the best interests of the juvenile to reflect any adjustment made by the juvenile or change in circumstances during the period of time the case on appeal was pending, provided that if the modifying order be entered ex parte, the court shall give notice to interested parties to show cause, if there be any, within 10 days thereafter, as to why the modifying order should be vacated or altered.

(d) When the court has found that a juvenile has suffered physical abuse and that the individual responsible for the abuse has a history of violent behavior, the court shall consider the opinion of the mental health professional who performed the evaluation under G.S. 7B-503(b) before returning the juvenile to the custody of that individual pending resolution of an appeal.

(e) The provisions of G.S. 7B-903.1 shall apply to any order entered during an appeal that provides for the placement or continued placement of a juvenile in foster care. (1979, c. 815, s. 1; 1987 (Reg. Sess., 1988), c. 1090, s. 12; 1998-202, s. 6; 1999-318, s. 8; 1999-456, s. 60; 2001-208, s. 27; 2001-487, s. 101; 2003-140, s. 8; 2005-398, s. 12; 2019-33, s. 14(b).)

 

Notes of Decisions
Cited in 33 cases (4 in the last 5 years), 2004–2022 · leading case: In re M.I.W., 722 S.E.2d 469 (N.C. 2012).
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In re M.I.W., 722 S.E.2d 469 (N.C. 2012). · cites it 111× “The court concluded: “A trial court does not violate N.C. Gen. Stat. § 7B-1003 when it holds the hearing on the [motion] to terminate parental rights after this Court’s mandate has issued.”
In Re Kl, 674 S.E.2d 789 (N.C. Ct. App. 2009). · cites it 60× “In the context of abuse, neglect, and dependency proceedings and termination of parental rights proceedings (governed by Subchapter I of Chapter 7B of the General Statutes), our General Assembly has, in N.C. Gen.Stat. § 7B-1003, enacted a specific statute addressing the…”
In re R.T.W., 614 S.E.2d 489 (N.C. 2005). · cites it 40× “2d 22 (2004), it based its holding on N.C.G.S. § 7B-1003, which permits trial courts to enter “‘temporary order[s] affecting .”
In re K.L., 196 N.C. App. 272 (N.C. Ct. App. 2009). · cites it 58× “In the context of abuse, neglect, and dependency proceedings and termination of parental rights proceedings (governed by Subchapter I of Chapter 7B of the General Statutes), our General Assembly has, in N.C. Gen. Stat. § 7B-1003, enacted a specific statute addressing the…”
In re J.C.S., 595 S.E.2d 155 (N.C. Ct. App. 2004). · cites it 8× “onsidering DSS’s motion to dismiss the instant appeal, this Court was presented with the important question of whether the trial court may properly exercise its jurisdiction and enter a subsequent order terminating parental rights during the pendency of an appeal, by the parent…”
In re: D.E.M., 802 S.E.2d 766 (N.C. Ct. App. 2017). · cites it 8× “Mother notes that "the trial court did not grant [her] visitation during the pendency of the initial appeal in this case" or stay the termination order pending her appeal, as authorized by N.C. Gen. Stat. § 7B-1003. Mother contends that "[w]ithout an order from the trial court…”
In Re T.s., III, 631 S.E.2d 19 (N.C. Ct. App. 2006). · cites it 4× “N.C. Gen.Stat. § 7B-1003(b)(2) (2003) allows the district court to conduct these hearings pending appeal and to place the child as the court finds in the best interests of the juvenile.”
In Re Hopkins, 592 S.E.2d 22 (N.C. Ct. App. 2004). · cites it 4× “Respondent-father’s appeal Respondent-father brings forth five assignments of error in his appeal of the TPR order, asserting generally that (1) DSS’ TPR petition failed to comply with the pleading requirement of N.”
In re A.B., 635 S.E.2d 11 (N.C. Ct. App. 2006). · cites it 2× “We note that our General Assembly has recently amended N.C. Gen.Stat. § 7B-1003 (2005) to provide that, pending disposition of an appeal, the trial court no longer continues to exercise jurisdiction over termination proceedings.”
In re L.H., 708 S.E.2d 191 (N.C. Ct. App. 2011). · cites it 2× “See N.C. Gen. Stat. § 7B-1003 (2009). It had authority to enter an order setting out whether it believed that the newly discovered evidence warranted a new hearing.”
In re T.S., 178 N.C. App. 110 (N.C. Ct. App. 2006). · cites it 2× “N.C. Gen. Stat. § 7B-1003(b)(2) (2003) allows the district court to conduct these hearings pending appeal and to place the child as the court finds in the best interests of the juvenile.”
In Re Vlb, 596 S.E.2d 896 (N.C. Ct. App. 2004). · cites it 2× “2d at 24-25 (quoting N.C. Gen. Stat. § 7B-1003 (2003)) (emphasis in original).”
Show all 33 citing cases →
— N.C. Gen. Stat. § 7B-1003(a) — 1 case
In re: D.E.M., 802 S.E.2d 766 (N.C. Ct. App. 2017). “Mother notes that "the trial court did not grant [her] visitation during the pendency of the initial appeal in this case" or stay the termination order pending her appeal, as authorized by N.C. Gen. Stat. § 7B-1003. Mother contends that "[w]ithout an order from the trial court…”
— N.C. Gen. Stat. § 7B-1003(b) — 14 cases
In re M.I.W., 722 S.E.2d 469 (N.C. 2012). “The court concluded: “A trial court does not violate N.C. Gen. Stat. § 7B-1003 when it holds the hearing on the [motion] to terminate parental rights after this Court’s mandate has issued.”
In Re Kl, 674 S.E.2d 789 (N.C. Ct. App. 2009). “In the context of abuse, neglect, and dependency proceedings and termination of parental rights proceedings (governed by Subchapter I of Chapter 7B of the General Statutes), our General Assembly has, in N.C. Gen.Stat. § 7B-1003, enacted a specific statute addressing the…”
In re K.L., 196 N.C. App. 272 (N.C. Ct. App. 2009). “In the context of abuse, neglect, and dependency proceedings and termination of parental rights proceedings (governed by Subchapter I of Chapter 7B of the General Statutes), our General Assembly has, in N.C. Gen. Stat. § 7B-1003, enacted a specific statute addressing the…”
In re: D.E.M., 802 S.E.2d 766 (N.C. Ct. App. 2017). “Mother notes that "the trial court did not grant [her] visitation during the pendency of the initial appeal in this case" or stay the termination order pending her appeal, as authorized by N.C. Gen. Stat. § 7B-1003. Mother contends that "[w]ithout an order from the trial court…”
In Re J.M. & J.M. (N.C. 2021).
— N.C. Gen. Stat. § 7B-1003(b)(1) — 7 cases
In Re Kl, 674 S.E.2d 789 (N.C. Ct. App. 2009). “In the context of abuse, neglect, and dependency proceedings and termination of parental rights proceedings (governed by Subchapter I of Chapter 7B of the General Statutes), our General Assembly has, in N.C. Gen.Stat. § 7B-1003, enacted a specific statute addressing the…”
In Re Z.J.T.B., 645 S.E.2d 206 (N.C. Ct. App. 2007).
In the Matter of Nf, 687 S.E.2d 710 (N.C. Ct. App. 2009).
In Re Zjtb, 645 S.E.2d 206 (N.C. Ct. App. 2007).
In the Matter of Mkb, 654 S.E.2d 833 (N.C. Ct. App. 2008).
— N.C. Gen. Stat. § 7B-1003(b)(2) — 7 cases
In re M.I.W., 722 S.E.2d 469 (N.C. 2012). “The court concluded: “A trial court does not violate N.C. Gen. Stat. § 7B-1003 when it holds the hearing on the [motion] to terminate parental rights after this Court’s mandate has issued.”
In Re T.s., III, 631 S.E.2d 19 (N.C. Ct. App. 2006). “N.C. Gen.Stat. § 7B-1003(b)(2) (2003) allows the district court to conduct these hearings pending appeal and to place the child as the court finds in the best interests of the juvenile.”
In re T.S., 178 N.C. App. 110 (N.C. Ct. App. 2006). “N.C. Gen. Stat. § 7B-1003(b)(2) (2003) allows the district court to conduct these hearings pending appeal and to place the child as the court finds in the best interests of the juvenile.”
In Re Kl, 674 S.E.2d 789 (N.C. Ct. App. 2009). “In the context of abuse, neglect, and dependency proceedings and termination of parental rights proceedings (governed by Subchapter I of Chapter 7B of the General Statutes), our General Assembly has, in N.C. Gen.Stat. § 7B-1003, enacted a specific statute addressing the…”
In re K.L., 196 N.C. App. 272 (N.C. Ct. App. 2009). “In the context of abuse, neglect, and dependency proceedings and termination of parental rights proceedings (governed by Subchapter I of Chapter 7B of the General Statutes), our General Assembly has, in N.C. Gen. Stat. § 7B-1003, enacted a specific statute addressing the…”
— N.C. Gen. Stat. § 7B-1003(b)(l) — 3 cases
In re M.I.W., 722 S.E.2d 469 (N.C. 2012). “The court concluded: “A trial court does not violate N.C. Gen. Stat. § 7B-1003 when it holds the hearing on the [motion] to terminate parental rights after this Court’s mandate has issued.”
In re K.L., 196 N.C. App. 272 (N.C. Ct. App. 2009). “In the context of abuse, neglect, and dependency proceedings and termination of parental rights proceedings (governed by Subchapter I of Chapter 7B of the General Statutes), our General Assembly has, in N.C. Gen. Stat. § 7B-1003, enacted a specific statute addressing the…”
In re A.S., 753 S.E.2d 684 (N.C. Ct. App. 2013).
— N.C. Gen. Stat. § 7B-1003(c) — 3 cases
In Re Kl, 674 S.E.2d 789 (N.C. Ct. App. 2009). “In the context of abuse, neglect, and dependency proceedings and termination of parental rights proceedings (governed by Subchapter I of Chapter 7B of the General Statutes), our General Assembly has, in N.C. Gen.Stat. § 7B-1003, enacted a specific statute addressing the…”
In re K.L., 196 N.C. App. 272 (N.C. Ct. App. 2009). “In the context of abuse, neglect, and dependency proceedings and termination of parental rights proceedings (governed by Subchapter I of Chapter 7B of the General Statutes), our General Assembly has, in N.C. Gen. Stat. § 7B-1003, enacted a specific statute addressing the…”
In the Matter of Dsa, 681 S.E.2d 866 (N.C. Ct. App. 2009).
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