Ex parte


#1

My wife ran off to Alabama to avoid the jurisdiction here because she previously lost a custody battle with her ex. I am trying to file ex parte because she ran. I cannot seem to find the appropriate forms as they all say domestic violence on them. I was wondering if you can point me in the right direction.


#2

You could file for emergency custody, but you should also file for permanent custody at the same time. The fact she moved to AL is irrelevant to whether the court has jurisdiction of the children in NC.


#3

I am trying to file but can’t figure out how no one is telling me how to file emergency custody.


#4

If she is in AL and isn’t trying to take the kids an emergency custody order may not be necessary.


#5

I am sorry I forgot to put in the first post that she and I have a daughter and she is currently in AL with our daughter. She left her son behind. Is an emergency order what I need to do to get my daughter back here. There is evidence and witnesses to neglect on her part. I work full time and pick up side jobs to make extra money so she can stay home and go to school. My daughter was looking malnourished prior to leaving. My parents and my step son’s grandparents both expressed concerns to me about how dirty she was and how bad she smelled. I had to start working 40 hours a week on 2nd shift and waking up early in the morning to make sure the kids were fed and bathed.


#6

You should go ahead and file for custody in NC while NC still has jurisdiction over both children, and include a motion for emergency custody that requires the return of your daughter to NC.


#7

not an attorney

Depending on which county you live in, the courthouse may have a self-serve center where you can get all of the documents to file the emergency custody motion as well as the ‘regular’ motion for custody. If you file for emergency, you have to file the other as well. I used to live in Mecklenburg County, and the courthouse there did have a self-serve center with all the forms to fill out, as well as binders with instructions with how to fill it out. The people working there are not allowed to advise on the filling out of the papers, but they can guide you to the correct binder, and give you the correct forms. Definitely worth checking to see if your county has a self-serve center.

When I filed, I had to have both motions notarized and then file them with the court, and pay for service on my ex. All-in, I think it was around $125 at that time, but I believe the fees may have gone up since then. For the actual custody hearing, I would recommend hiring an attorney who is well-versed in how the courts operate in your county. My hiring an attorney made the difference between sole legal/physical custody (which I got), and joint custody (which would not have been safe nor in the best interests of my child, in my case)