After a highly contentious custidy case NC Court finally signed a PCO on April 6, but it granted me a hearing to present New Post Trial Evidence on June 28, which will demonstrate Father’s malicious intent and false reporting. Totally dishonest and exploitative behavior. I am asking for an Order Modification as relief…
Father tried getting an Emergency Protective Order against me in his county (Chicago) on June 6 also asking to suspend visitation scheduled to start June 10. The Court did not grant him this request and my daughter is with me.
Father’s attorney just sent the following message to the Court Clerk today:
Ms. Washington,
Today, on Mr. Katich’s (Plaintiff’s) behalf, I filed a Motion to Dismiss Defendant’s motion (essentially setting forth a 12b6 defense/argument to Defendant’s motion) and a Motion for the Court to Decline and to Transfer Custody Jurisdiction, together with a Notice of Hearing scheduling Plaintiff’s motions for the same date, time and place as the hearing of Ms. Richelson’s Motion. Please check with Judge Mann and advise if she does want to Plaintiff’s motion(s) heard on June 28th.
I have been advised by a friend who has had a similar experience to file some sort of emergency motion that would allow me to not have to return my daughter on July 1, as is currently ordered by the court. What is the verbiage for this? Just the “title” of the Motion?
The only emergency custody motion is a motion for an ex parte custody order, which allows a court to issue an emergency custody order when there is a substantial risk of physical injury or sexual abuse to the child, or a substantial risk that the child may be abducted or removed from the State of NC for the purpose of evading NC jurisdiction.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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