N.C. Gen. Stat. § 50A-101
Short title
Short title. This Article may be cited as the Uniform Child-Custody Jurisdiction and Enforcement Act. (1979, c. 110, s. 1; 1999-223, s. 3.)
North Carolina General Statutes Chapter 50A — Chapter 50A.
North Carolina · statute · N.C. Gen. Stat. ch. 50A · 78 active provisions
Provisions
N.C. Gen. Stat. § 50A-102
Definitions
Definitions. In this Article: (1) "Abandoned" means left without provision for reasonable and necessary care or supervision. (2) "Child" means an individual who has not attained 18 years of age. (3) "Child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physic…
N.C. Gen. Stat. § 50A-103
Proceedings governed by other law
Proceedings governed by other law. This Article does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. (1999-223, s. 3.)
N.C. Gen. Stat. § 50A-104
Application to Indian tribes
Application to Indian tribes. (a) A child-custody proceeding that pertains to an Indian child, as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., is not subject to this Article to the extent that it is governed by the Indian Child Welfare Act. (b) A court of this State shall treat a tribe as if it we…
N.C. Gen. Stat. § 50A-105
International application of Article
International application of Article. (a) A court of this State shall treat a foreign country as if it were a state of the United States for the purpose of applying Parts 1 and 2. (b) Except as otherwise provided in subsection (c), a child-custody determination made in a foreign country under factual circumstances in s…
N.C. Gen. Stat. § 50A-106
Effect of child-custody determination
Effect of child-custody determination. A child-custody determination made by a court of this State that had jurisdiction under this Article binds all persons who have been served in accordance with the laws of this State or notified in accordance with G.S. 50A-108 or who have submitted to the jurisdiction of the court…
N.C. Gen. Stat. § 50A-107
Priority
Priority. If a question of existence or exercise of jurisdiction under this Article is raised in a child-custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously. (1999-223, s. 3.)
N.C. Gen. Stat. § 50A-108
Notice to persons outside State
Notice to persons outside State. (a) Notice required for the exercise of jurisdiction when a person is outside this State may be given in a manner prescribed by the law of this State for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to…
N.C. Gen. Stat. § 50A-109
Appearance and limited immunity
Appearance and limited immunity. (a) A party to a child-custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child-custody determination, is not subject to personal jurisdiction in this State for another proceeding or purpose solely by reason of…
N.C. Gen. Stat. § 50A-110
Communication between courts
Communication between courts. (a) A court of this State may communicate with a court in another state concerning a proceeding arising under this Article. (b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the oppor…
N.C. Gen. Stat. § 50A-111
Taking testimony in another state
Taking testimony in another state. (a) In addition to other procedures available to a party, a party to a child-custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this State for testimony taken…
N.C. Gen. Stat. § 50A-112
Cooperation between courts; preservation of records
Cooperation between courts; preservation of records. (a) A court of this State may request the appropriate court of another state to: (1) Hold an evidentiary hearing; (2) Order a person to produce or give evidence pursuant to procedures of that state; (3) Order that an evaluation be made with respect to the custody of…
N.C. Gen. Stat. § 50A-201
Initial child-custody jurisdiction
Initial child-custody jurisdiction. (a) Except as otherwise provided in G.S. 50A-204, a court of this State has jurisdiction to make an initial child-custody determination only if: (1) This State is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within…
N.C. Gen. Stat. § 50A-202
Exclusive, continuing jurisdiction
Exclusive, continuing jurisdiction. (a) Except as otherwise provided in G.S. 50A-204, a court of this State which has made a child-custody determination consistent with G.S. 50A-201 or G.S. 50A-203 has exclusive, continuing jurisdiction over the determination until: (1) A court of this State determines that neither the…
N.C. Gen. Stat. § 50A-203
Jurisdiction to modify determination
Jurisdiction to modify determination. Except as otherwise provided in G.S. 50A-204, a court of this State may not modify a child-custody determination made by a court of another state unless a court of this State has jurisdiction to make an initial determination under G.S. 50A-201(a)(1) or G.S. 50A-201(a)(2) and: (1) T…
N.C. Gen. Stat. § 50A-204
Temporary emergency jurisdiction
Temporary emergency jurisdiction. (a) A court of this State has temporary emergency jurisdiction if the child is present in this State and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistr…
N.C. Gen. Stat. § 50A-205
Notice; opportunity to be heard; joinder
Notice; opportunity to be heard; joinder. (a) Before a child-custody determination is made under this Article, notice and an opportunity to be heard in accordance with the standards of G.S. 50A-108 must be given to all persons entitled to notice under the law of this State as in child-custody proceedings between reside…
N.C. Gen. Stat. § 50A-206
Simultaneous proceedings
Simultaneous proceedings. (a) Except as otherwise provided in G.S. 50A-204, a court of this State may not exercise its jurisdiction under this Part if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction s…
N.C. Gen. Stat. § 50A-207
Inconvenient forum
Inconvenient forum. (a) A court of this State which has jurisdiction under this Article to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances, and that a court of another state is a more appropriate forum. The…
N.C. Gen. Stat. § 50A-208
Jurisdiction declined by reason of conduct
Jurisdiction declined by reason of conduct. (a) Except as otherwise provided in G.S. 50A-204 or by other law of this State, if a court of this State has jurisdiction under this Article because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its juris…
N.C. Gen. Stat. § 50A-209
Information to be submitted to court
Information to be submitted to court. (a) In a child-custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years, and t…
N.C. Gen. Stat. § 50A-210
Appearance of parties and child
Appearance of parties and child. (a) In a child-custody proceeding in this State, the court may order a party to the proceeding who is in this State to appear before the court in person with or without the child. The court may order any person who is in this State and who has physical custody or control of the child to…
N.C. Gen. Stat. § 50A-301
Definitions
Definitions. In this Part: (1) "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determination. (2) "Respondent" means a person against whom a proceeding has been commence…
N.C. Gen. Stat. § 50A-302
Enforcement under Hague Convention
Enforcement under Hague Convention. Under this Part, a court of this State may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child-custody determination. (1999-223, s. 3.)
N.C. Gen. Stat. § 50A-303
Duty to enforce
Duty to enforce. (a) A court of this State shall recognize and enforce a child-custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this Article or the determination was made under factual circumstances meeting the jurisdictional standards of this A…
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