By Ketan P. Soni Hat tip to @cjfoxlaw: “Being a lawyer is really just having everyone mad at you, all the time. Opposing party. Opposing counsel. Your client. Your client’s mom. The judge. Clerks. Random people on the street asking for legal advice that is out of your practice area. Your dog. Basically everyone.” If […]
By Afi Johnson-Parris Dear Members of the Family Law Section, I am excited to begin a new bar year with you. It is an honor and privilege to serve as your Chair this year. The entire Family Law Section Leadership, listed here, is dedicated to making sure you receive value for your membership in the […]
By Jessica B. Heffner Termination of Parental Rights, NC COA18-926, In re T.H. & M.H., June 18, 2019, Rowan County Respondents appealed an order terminating their parental rights due to issues of ongoing substance abuse, mental health, and inadequate care and supervision of their children. The Court of Appeals affirmed, finding no abuse of discretion […]
By Jessica B. Heffner Termination of Parental Rights, COA18-1226, In re D.A.Y., June 18, 2019, Stanly County Petitioner-Father, a resident of Stanly County, North Carolina, filed a termination of parental rights action in Stanly County against Respondent-Mother, a resident of Ventura County, California. Petitioner alleged the parties’ child lived with him in Stanly County, pursuant […]
By Tony Kehoe Requirements for Notary Certificate and Acknowledgment; Timeliness of Appeal of Summary Judgment Order from Converted Motion to Dismiss Hearing, COA18-1010, Sfreddo v. Hicks, June 18, 2019, Wake County Wife filed an action against Husband for breach of contract (a separation agreement). Husband moved to dismiss alleging the separation agreement was void because […]
By Kristin Hampson Entry of Default, Specific Performance, COA18-478, Jones v. Jones, Feb. 5, 2019, Lee County This matter was originally appealed in action COA14-507. After certifying this Court’s decision to the district court, Plaintiff filed a motion for entry of default, and a default judgment was entered on the same day. Defendant filed a […]
By Evonne Hopkins Equitable Distribution, COA18-405, Feb. 19, 2019, Nordman v. Nordman, Iredell County Equitable distribution orders and contempt orders are both immediately appealable. Equitable distribution order remanded for further findings of fact on all factors within Section 50-20(c) supported by the evidence at trial. The trial court must make findings of fact concerning each […]
By Evonne Hopkins Child custody, subject matter jurisdiction/UCCJEA, COA18-240, Feb. 19, 2019, Walz v. Walz, Carteret County Holding: The trial court erred in finding that North Carolina was the “home state” of the two minor children and in exercising emergency jurisdiction. The trial court lacked subject matter jurisdiction to make the initial child-custody determination. In […]
By Lisa LeFante I have been a member of the NCBA Family Law Section for nearly 22 years. If you asked me why I joined back in 1997, I probably would have said, “because that’s what you’re supposed to do, and Marc Sokol is paying for it.” If you ask me today, my answer is […]
By Jeff Marshall Equitable Distribution, COA 18-322, Feb. 5, 2019, Morgan v. Defeo, Iredell County Plaintiff requested an ex parte Domestic Violence Protective Order against Defendant alleging the “defendant attempted to cause or has caused bodily injury and that the defendant continues to lie on social media about her.” The trial court granted Plaintiff’s ex […]