Ex parte order based on neglect and psychological well-being


#1

If one party files for custody of the child because child told them they are happier with the other parent because other parent takes better care of the child, can the defending party file an ex parte order to get the child? Esp if there are serious concerns that child is not being properly cared for at the plaintiff’s home and there are concerns about the mental and psychological well-being of the child? If so, how could this be done, and what are the filing fees? Child lives in Wake County.


#2

Either party can file an ex parte motion for emergency custody if you believe that the facts warrant the issuance of an order.

N.C.G.S. 50-13.5(d)(3) states:

A temporary order for custody which changes the living arrangements of a child or changes custody shall not be entered ex parte and prior to service of process or notice, unless the court finds that the child is exposed to a substantial risk of bodily injury or sexual abuse or that there is a substantial risk that the child may be abducted or removed from the State of North Carolina for the purpose of evading the jurisdiction of North Carolina courts.

You haven’t given any specific facts in your post, but the language you have used indicates to me that the situation at hand does not rise to the level as required under the statute, but you would be best served by consulting with an attorney in Wake County to discuss the specific facts and determine if you should file a motion.

There are rules for filing a motion in Wake County that are contained in the local rules which are available at www.nccourts.org.