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 […]
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.