Ex Parte


I was just served with an Ex Parte Order in which temporary custody of our two children and possession of our home and belongings were granted to my spouse. There is a hearing set for next week to follow up on this. There is currently no legal seperation in effect for my spouse and I - in fact, this is the first legal action of any kind to be taken.

The worry is that my spouse will try to use this time to take our children out of state since she now has custody. What if she does take them out of state and simply not show up at the scheduled hearing? I understand that the Ex Parte Order would probably be voided, but what would be my options at that point and would there be a way for me to force (legally) her to return the children here?

Thanks for any insight.



If your spouse leaves the state and does not return for the hearing you will need to file an action for emergency custody in order to have them returned.

In the mean time I suggest you move forward in a proactive manner and go ahead and file an action for child custody to ensure the ball is rolling on this issue sooner rather than later.


Will do, and thanks for the quick reply.

My only other question (and I swear to leave you alone after this one) is that if I file the motion for emergency custody (assuming the need arises) here in NC, will it carry any weight in her home State and effectively make her bring them back?


Yes, absolutely. A court order is entitled to full faith and credit in any of the 50 states.
I hope it does not come to that and wish you all the best.


Again, thank you.


You are most welcome.