Ex Parte Custody Order

My Ex is active duty Marine Corps and has orders to Germany which she will leave for 29 March. We have 2 young children and have no custody order in place as of right now, and seem to be miles apart when it comes to what we want. I am wondering if an EX Parte Order is even an option to pump the breaks and force her to come to the table to forge a more equal plan?

An emergency ex parte custody order can only be granted in two circumstances:

(1) The minor child is exposed to a substantial risk of bodily injury or sexual abuse, or
(2) There is a substantial risk that the minor child may be abduced or removed from the State of North Carolina for the purpose of evading the jurisdiction of the North Carolina courts.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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