Ex Parte Order

North Carolina Divorce Law Divorce and Separation Answers
1

An ex parte order is designed to grant custody to one parent without notice to the other party. It is for a short period of time and designed for emergency situations. Once you get custody of your Husband’s child, you will still need to get her served in order to have anything resolved permanently. If you have an idea where she is, you can hire a private detective to find out where she is.

In order to determine cost you would need to meet with an attorney to discuss the specific facts of your case.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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.

2

My husband’s ex has taken their son out of the state to move in with her mother. She will not answer nor return phone calls. They were never married and have nothing legally drawn up as to visitation/custody. The only issue that has gone through the courts is child support. We have been told many times that my stepson’s mother cannot be alone with him because of her mental issues. We tried getting papers together, but did not have an address for them. When we questioned that, we were told that no one could find them, and if we pursued the issue, they would change their phone numbers and there would be no contact at all. Will an ex parte order cover this situation on the grounds of removing the child from North Carolina and the concern for the safety of the child? If so, what steps do we need to take for that and what is the cost?

Thanks!

Katharine Simpkins