North Carolina Statutes

Chapter 50A Uniform Child-Custody Jurisdiction and Enforcement Act

Article 1 - Uniform Child Custody Jurisdiction Act.

Article 2 - Uniform Child-Custody Jurisdiction and Enforcement Act.

  • § 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.)
  • § 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...
  • § 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.)
  • § 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...
  • § 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...
  • § 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...
  • § 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,...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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....
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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,...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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,...
  • § 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...
  • § 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....
  • § 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...
  • § 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...
  • § 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...