What is the deal in NC

North Carolina Divorce Law Divorce and Separation Answers
#1

Brief history: my husband and his ex have been divorced for years in NJ. Three years ago she asked to move his daughters to NC, to which he agreed. We at that time hired an attorney to draw up a legal and binding agreement regarding vistation, medical care, ect. This is a detailed 22 point order.

In this order it was agreed by BOTH parties to keep NJ as jurisdiction. However when he filed for contempt on 20 of the 22 points in the order the judge here in NJ ruled that NC would be best equipped to handle this and dismissed the case. We consulted several attorneys who advised that they do think that the dismissal in the case was incorrect due to the langague contained in the order however we decided that we would pursue this through the NC court system as it would be a long drawn out expensive endevor to overturn NJ decision. We also knew that this language may or may not have held water due to the laws surrounding residency changing to the state the kids resided in after 6 montns.

Off to Columbus County we headed, found a lawyer we liked and retained him. He immediatly filed and it took us 5 months to have her served as everytime they went to her home she told them she didnt live there. We finally pursued her at work and had her served towards the end of May. Mid June we were advised that she had applied for an extension, and that her attorney was trying to say that we were in the wrong jurisdicaiton. Now this was June. It is now August and we still have no court date. We have also been told by the attorney that we will probably have to come down on a Monday and stay at a hotel the week we will be heard until they decide which day it will be.

Keep in mind at this point we are beside ourselves, we hired this attorney in Jan, and we are still not in court. Please help me understand, in NJ you file you choose your date, you serve, you go to court. You have a date. How long is an extension, and why do we have to be there the week of court and wait day by day to see when the case would be heard? Also response from her attorney has been slim to none. We have some serious infractions of this order that need to be addressed (missed visitation, no doctor, dentist, or eye doctor appts in years, interference with communication, alledged physical abuse resulting in loss of school time) we are at our wits end…help us understand

#2

It sounds like the delay really stems from her avoiding service. She may request a continuance, normally judges will not grant more than one though in such cases, and how long the case is continued depends on the docket in that county.

#3

I just dont understand the concept of getting there on a Monday and then waiting everyday to see what day the case will be heard. Its not like I am coming from around the corner we are driving 9 hours and I really would rather now spend money every day for a hotel room until someone decides they are ready to hear the case.

Maybe its just the yankee in me!!
This is the most backassward place I have ever seen!!

Thanks

#4

It really depends on the county. For example in Wake, calendar call is on Monday, and the judge sets the order of cases to be heard during that week Monday morning at calendar call. That is just the way it is. Hopefully you can have your case heard on Monday, especially in light of your travel time and expenses.

#5

State to State there is no comparison. Looks like the attorney told us case should be heard Tuesday but due to a case he has on Monday that may require a jury he is not sure. He doubts the case will be heard Tuesday and is hoping to get it rescheduled for Friday which works better for us. This case is a mess and I will come back and do some noting after we go to court so that it helps other people in our situation before they sign the ok for this kids to move 500 miles away!