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North Carolina General Statutes Chapter 50A Uniform Child-Custody Jurisdiction and Enforcement Act
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Article 1 - Uniform Child Custody Jurisdiction Act.
- N.C. Gen. Stat. § 50A-1 through 50A-25. Repealed by Session Laws 1999-223, s. 1(b), effective October 1, 1999, and applicable to causes of action arising on or after that date
Article 2 - Uniform Child-Custody Jurisdiction and Enforcement Act.
- N.C. Gen. Stat. § 50A-101. 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.)
- N.C. Gen. Stat. § 50A-102. 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...
- N.C. Gen. Stat. § 50A-103. 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
(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...
- N.C. Gen. Stat. § 50A-105. 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...
- N.C. Gen. Stat. § 50A-106. 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...
- N.C. Gen. Stat. § 50A-107. 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,...
- N.C. Gen. Stat. § 50A-108. 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...
- N.C. Gen. Stat. § 50A-109. 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...
- N.C. Gen. Stat. § 50A-110. 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...
- N.C. Gen. Stat. § 50A-111. 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...
- N.C. Gen. Stat. § 50A-112. 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...
- N.C. Gen. Stat. § 50A-201. 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...
- N.C. Gen. Stat. § 50A-202. 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....
- N.C. Gen. Stat. § 50A-203. 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...
- N.C. Gen. Stat. § 50A-204. 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...
- N.C. Gen. Stat. § 50A-205. 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...
- N.C. Gen. Stat. § 50A-206. 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...
- N.C. Gen. Stat. § 50A-207. 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...
- N.C. Gen. Stat. § 50A-208. 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...
- N.C. Gen. Stat. § 50A-209. 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...
- N.C. Gen. Stat. § 50A-210. 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...
- N.C. Gen. Stat. § 50A-301. 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...
- N.C. Gen. Stat. § 50A-302. 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...
- N.C. Gen. Stat. § 50A-303. 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...
- N.C. Gen. Stat. § 50A-304. Temporary visitation
(a) A court of this State which does not have jurisdiction to modify a child‑custody determination may issue a temporary order enforcing: (1) A visitation...
- N.C. Gen. Stat. § 50A-305. Registration of child-custody determination
(a) A child‑custody determination issued by a court of another state may be registered in this State, with or without a simultaneous request for enforcement,...
- N.C. Gen. Stat. § 50A-306. Enforcement of registered determination
(a) A court of this State may grant any relief normally available under the law of this State to enforce a registered child‑custody determination made...
- N.C. Gen. Stat. § 50A-307. Simultaneous proceedings
If a proceeding for enforcement under this Part is commenced in a court of this State and the court determines that a proceeding to modify...
- N.C. Gen. Stat. § 50A-308. Expedited enforcement of child-custody determination
(a) A petition under this Part must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must...
- N.C. Gen. Stat. § 50A-309. Service of petition and order
Except as otherwise provided in G.S. 50A‑311, the petition and order must be served, by any method authorized by the law of this State, upon...
- N.C. Gen. Stat. § 50A-310. Hearing and order
(a) Unless the court issues a temporary emergency order pursuant to G.S. 50A‑204 upon a finding that a petitioner is entitled to immediate physical custody...
- N.C. Gen. Stat. § 50A-311. Warrant to take physical custody of child
(a) Upon the filing of a petition seeking enforcement of a child‑custody determination, the petitioner may file a verified application for the issuance of a...
- N.C. Gen. Stat. § 50A-312. Costs, fees, and expenses
(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs,...
- N.C. Gen. Stat. § 50A-313. Recognition and enforcement
A court of this State shall accord full faith and credit to an order issued by another state and consistent with this Article which enforces...
- N.C. Gen. Stat. § 50A-314. Appeals
An appeal may be taken from a final order in a proceeding under this Part in accordance with expedited appellate procedures in other civil cases....
- N.C. Gen. Stat. § 50A-315. Role of prosecutor or public official
(a) In a case arising under this Article or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other...
- N.C. Gen. Stat. § 50A-316. Role of law enforcement
At the request of a prosecutor or other appropriate public official acting under G.S. 50A‑315, a law enforcement officer may take any lawful action reasonably...
- N.C. Gen. Stat. § 50A-317. Costs and expenses
If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or...
Last modified: February 21, 2012
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