What evidence is needed for emergency order?


#1

I asked about the custody change due to children needing therapy my ex is refuusing to take them at all or help with any of the stuff our girls need. All the therapy and testing is very important and should be a priority to both of us, but it only is to me. I’m wondering if I could file an emergency order to get my girls and if it would have a chance of standing up in court. What I need to know is what paperwork or evidence would I need to provide to be able to file for emergency custody of the kids. Also, could an emergency order put a custody modification into motion. My intent is not to keep the girls from their dad, but ensure they continue getting the help they need to have a better future. Please advise! Thank you!


#2

A true emergency custody motion requires showing of that the child is exposed to a substantial risk of bodily injury or sexual abuse or that there is a substantial risk that the child may be abducted or removed from the State of North Carolina for the purpose of evading the jurisdiction of North Carolina courts. You may want to explore the use of a motion for a temporary restraining order which may be entered to require him to take them to a doctor. You need to consult with an attorney to determine if your facts warrant the entry of a TRO and how you should proceed in your jurisdiction.