I have a current custody order that is in place and clearly states, if my ex violates, its grounds to suspend visitation as it is in regards to drug/alcohol issue. I do not feel my children are safe in his care as he has violated several times and got in trouble with law, I was told by clerk at wake county court that I cant file an emergency ex parte for custody. I dont want to be held in contempt either by not releasing them on his schedule visitation however I refuse to put my children in harm. If i file motion to modify it can take weeks.Is there anything that can be done on an emergency basis without attorney filing, they told me only an attorney can file this
If your order clearly gives you the authority to suspend visitation based on certain circumstances, and those circumstances have occurred, then you would not be in violation of the court order if you did so while you awaited another court date for a trial, motion to be heard, etc.
You are allowed to file ex parte emergency motions even if you represent yourself. You can file such a motion seeking an ex parte emergency order when (1) there is a substantial risk of bodily injury or sexual abuse to the child, or (2) there is a substantial risk that the child may be removed from the State of NC for the purpose of evading the jurisdiction of NC courts.
There is no other emergency option, although you may want to file both a motion for an ex parte emergency order and a motion to modify assuming there has been a substantial change in circumstances affecting the wellbeing of the child since the current order was entered.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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I would like to add something to this discussion. Read the North Carolina General Statutes and ask questions on this forum regarding procedure. In my own case, still ongoing, I have found that the clerks do not always know the law, and I have been told a couple of times I could not do things that I could.