By Jeff Marshall Domestic Violence, COA18-761, Feb. 19, 2019, Bezzek v. Bezzek, Orange County Husband filed a complaint for absolute divorce and equitable distribution. Wife admitted the allegations for absolute divorce but filed a motion to dismiss the claim for equitable distribution because the parties had previously executed a separation agreement addressing equitable distribution. Husband […]
Juvenile Delinquency, COA 18-685, Jan. 15, 2019, In the Matter of E.M., Mecklenburg County Holding: The trial court must order a mental evaluation of a minor, and thus has no discretion, if evidence is presented that the juvenile is mentally ill or developmentally disabled during a juvenile hearing.
Parental rights, COA18-427, Jan. 15, 2019, In the Matter of I.R.L, Robeson County After a termination of parental rights hearing, Respondent-Father (“Father”) appealed the termination of his parental rights. The COA reversed and remanded the issue to the trial court.
By Ketan Soni Modification Of Custody, COA18-496, Jan. 15, 2019, Walsh v. Jones The Father’s record from 2004 and 2005 included acts of domestic violence, abuse of illegal drugs, anger management issues, and allegations of inappropriate touching of the minor child. In 2010, the court found Father was not a fit and proper person to have […]
The NCBA Family Law, Estate Planning, and Military & Veterans Law Sections invite you to a joint networking happy hour in Fayetteville. Date and Time: 5 – 7 p.m., Thursday, Feb. 28 Location: The Mash House, 4150 Sycamore Dairy Road, Fayetteville RSVP online by Tuesday, Feb. 26 Free for all Section Members. Invite someone who could be a member. […]
By Becky Watts Domestic Violence Protective Order, COA18-465, Dec. 18, 2018, Martin v. Martin, Wake County It is a violation of defendant’s due process rights to allow plaintiff to testify about alleged acts of domestic violence that were not pleaded in the complaint. Plaintiff-Wife filed a complaint for a domestic violence protective order against Defendant-Husband. […]
Alimony is an ever-changing aspect of divorce law. Watch a new, three-part video podcast series with NCBA Family Law Section Communications Co-chairs Ryan Schultz, Jessica Hefner, and Ketan Soni as they discuss three evolving aspects of alimony. Click here to view video conversations about alimony in the context of gray divorce, how cohabitation works with terminating alimony, […]
By Kathleen Lockwood and Melissa Averett The Domestic Violence Issues Committee of the Family Law Section is currently considering revisions to GS 50B-3(b), inspired by a 2014 Court of Appeals decision. In Rudder v Rudder, 234 N.C. App. 173 (2014), the Court of Appeals expressed some doubt whether the time limitations of G.S. 50B-3(b) apply to ex-parte […]
By Jessica B. Heffner Termination of Parental Rights, COA18-290, Oct. 16, 2018, In re D.A., Forsyth County Respondent-Mother and Respondent-Father both appealed the trial court’s order terminating their parental rights. Both parties’ attorneys filed “no-merit” briefs with the Court of Appeals pursuant to Rule 3.1(d). Respondent-Mother’s attorney complied with all requirements of Rule 3.1(d), including […]
By Evonne Hopkins Equitable Distribution, COA18-141, Oct. 16, 2018, Frady v. Frady, Transylvania County Equitable distribution order entered October 20, 2017. Husband appeals. Husband presented 13 issues on appeal which the court narrowed down to essentially five issues. The Court concluded that issues 1-4 were abandoned by failure of Husband to provide any meaningful support, reason […]