My spouse is not abiding by our child custody agreement. What form do I use to for a Motion to Show Cause? I have looked online but I can’t figured out what one it is. I called our county clerk of court. They had no clue. Thanks!
There is not a statewide standard form. Some counties (like Wake) have local forms, but if your county doesn’t have a standard form, then you have to draft the motion from scratch. Rosen Online can provide you with the forms. Do It Yourself North Carolina Divorce
Thanks! I just figured that out this morning. My ex’s attorney gave my former attorney an Motion to Show Cause against me a long time ago. I don’t think it was ever formally filed. I found it and just copied the format. I do have another question. Does a Motion to Show Cause have to be served by the sheriff’s department or can it be sent to my ex by the USPS? I’m thinking it would have to be served.
Only complaints or pleadings asserting new or additional claims for relief against a party need to be served in the manner provided for in Rule 4. Service under Rule 5 is sufficient. You can read about the service under Rule 5 here:
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_1A/GS_1A-1,_Rule_5.html
and procedure for contempt matters here:
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_5A/GS_5A-23.html