Emergency Child Custody
Hire Us Before Your Spouse Does
An ex parte order is an order that is granted without giving the other side notice of the hearing, but only under very limited circumstances. These orders are only granted where there is a substantial risk of bodily injury or sexual abuse, or a substantial risk that the child may be removed from the state to avoid jurisdiction; typically these are imminent in nature. An ex parte order is only granted for a short period of time, typically 10 days, after which time the parties are required to appear in court to address the alleged issues. Very often, but not always, the Court will put in place a temporary custody order, pending the outcome of other related matters.
Please understand that if there is no custody order or pending custody case, then it is hard to prevent a parent from taking his or her child out of North Carolina. This is because both parents have equal rights to their child. If there is an imminent threat to the child or they are taking the child out to evade jurisdiction, then you can try to get an ex parte order granting you custody until a judge can determine custody.
It is also important to note that you can contact an attorney before your child becomes a victim. If you legitimately believe that your ex-spouse is abusing the child or will soon arrive and attempt to take the child outside of the state, it is crucial that you act quickly to legally protect your child and yourself.