Ex-Parte Expires

Thank you in advance. We filed Emergency Custody on 1.15. I still have not rcvd a court date for this hearing. How long does it usually take to get a date for Emergency Custody? My stbx is intentionally keeping our child from me. It’s evident. I am praying the legal system will see the light in this situation since my child is being used as a pawn. I am discovering this is a common tragedy. Thank you for your time.

You should have a court date assigned immediately upon the judge reviewing your ex parte custody motion and either granting or denying it. Court dates are supposed to occur within 10 days of the judge hearing the ex parte motion.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Thank you. Oddly, I was advised the other party filed a motion against our claim. Im not understanding why there is no court date for this review when its an emergency custody claim. Can you advise how these proceedings follow now with the above?
In addition, prior custody claims were filed and served although there is no court date set for this either. How does this tend to proceed?
There is still no custody order and my stbx is denying mine and our childs rights to see each other.
Thank you again.
Can i represent myself?

It sounds like it is just a matter of finding an available court date and filing a notice of hearing (plus any other local forms required) to schedule the court date. The motions and claims have been filed by both parties so it sounds like it is ready to be heard before a judge.

Yes, you can always represent yourself.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Thank you. I am not understanding why we are still waiting for a court date.
In addition, Since we both have our full rights back and no orders in place, is it unorthodox for the peditrician to give medical attention to our child without my consent? Can this be considered a lawsuit to the pediatrician without both parties consent?

One parent can authorize medical treatment but the discussion and decision to authorize should be mutually agreed unless a court order states otherwise.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

What factors does a Judge look at after a party has completed all the court orders for the best interest of the child?
My stbx is still withholding the child from me, the mother, since the expiration in December. Court is in two weeks. I’ve done everything the judge ordered. I have all my documents etc as you advised previously. Thank you.

The judge will likely not like the fact that that father has withheld the child from you if you have successfully completed all that the judge required of you and you have the documentation to show this. The judge will likely look favorable on the fact that you successfully completed each requirement timely and quickly.

You may want to also have evidence to show that you have attempted to communicate with the child, communicate with the father to coordinate visitation, etc. assuming this is allowable in your current court order.

Also, any evidence that would show you have healed or be rehabilitated or changed from whatever it was that caused you to lose time with your child in the first place will be helpful.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Thank you for taking the time.
Yes…all documented, completed, evidence is ready. Its clear my stbx has used the legal system to barrier me from our child. There is an active restraining order against me until next month.
Temp custody hearing is Monday. Odds are 50/50, how does 50/50 work if my stbx is uncooperative?
How long after is permanent custody hearing usually scheduled?
Thank you again.

Both parties will have to do whatever the judge says. Uncooperativeness could likely be contempt of court. It is possible for the judge to allow some communication between you and the other parent to allow for implementation of the custody order (you will both have a need to communicate with each other) without it being a violation of the DVPO against you.

Permanent custody can be set at any time. Generally you will want several months to pass to see if the temporary schedule works well in order to see if the temporary order can become a permanent order. Due to some county’s court calendars and schedules, you may be looking at 6-9 months out before being able to have permanent hearing.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Thank you. Since this is temporary custody hearing. Is there a possibility a custody order will not be in place by the judge? I’ve been restrained from my child close to a year. Competed everything. There is an active restraining order until June 19’. Is this a concern for the Judge towards me when there was no substantial evidence when the RO was ordered?
I’m sure you can imagine my concerns with our legal systems.

If there is a hearing/trial on the issue of temporary custody, the judge will issue a temporary custody order/make a temporary custody decision.

The judge will consider the domestic violence protective order (DVPO) to the extent that it affects the minor children (for example, if the minor children were present at the time the act of domestic violence occurred). However, having a DVPO against you does not mean you are unfit for custody or visitation of your children. So the DVPO won’t necessarily be used against you in a temporary custody trial, but it will be considered assuming the other party presents evidence about its existence.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Thank you. Understood.
What is interesting is the Dvpo was based off hearsay, false allegations. Zero tangible evidence as there would be none then or now. :slight_smile: The dvpo was ordered last year. I cant see how the judge would even consider this in our temp custody hearing coming up. Does the judge even consider this evidence now being that it was last year?

Yes, the judge may still consider the DVPO. The judge can see that there is a current DVPO in place and the other party can present evidence about it as it relates to the temporary custody issue, but you will have a chance to refute this (as it relates to the issue of temporary custody) in both your cross-examination and your case in chief/your testimony.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Can you suggest the documentation and case I need to start building for when i get in front of the judge again?

Depending on your county and the court availability, it could be 6-9 months out before there is availability to schedule a trial for permanent child custody or to be heard by a judge.

The evidence you gathered for the temporary trial will be much the same for a permanent trial. You want to have evidence that the child is doing well with you and happy with you, that you have your child’s best interest at heart, and to show that it is in your child’s best interest to be with you over Dad and why.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Thank you. I do not know the term to use; Can I file (and where) an appeal, claim to re-judge this temp custody order? How can the child custody case enter into the Supreme Court for ruling? (Union County, NC) How can a parent be granted Full Custody on all grounds?

You cannot appeal a temporary order because it is not a final order. Once you have a final order (i.e. permanent child custody order) and you believe the judge has made an error of law, you file a Notice of Appeal (just a document stating that you are appealing the case and that your time to appeal has not expired) at the clerk’s office.

You have 30 days from the date of entry of the permanent order to file a Notice of Appeal.

The appeal goes to the NC Court of Appeals. If you appeal the decision beyond that, then it goes to the NC Supreme Court for final decision.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Thank you. What else can I do to stack my case before permanent custody hearing? To be clear, asking my attorney to file motions or emergency custody orders is not admissible? In my experience, it looks as if the Judges have their ruling before our hearings already in mind therefore there needs to be more strategy steps I can take to get into the Judges hands before our perm hearing.

You can file motions and/or motions for ex parte/emergency custody orders if there is a reasonable and legitimate basis for doing so, and such facts that prompted the filing of the motion(s) can be entered into evidence at the trial for permanent custody.

The best evidence you can produce is evidence that shows what is in the child’s best interest, why it would benefit the child to be in your custody more often than currently, and why it would not be in the child’s best interests to spend as much custodial time with the other parent as currently.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.