Entries by FamilyLaw

Family Financial Mediation Program Rule Amendments

By Ketan Soni The Supreme Court has approved Family Financial Mediation program rule amendments which require that next year, all District Court Family Financial Settlement mediators, whether selected by the parties or appointed by the court, must be trained, certified mediators.       If you have: been mediating family cases, have not completed the 40-hour […]

UCCJEA, International Custody Order

By Rebecca K. Watts  Hamdan v. Freitekh, decided May 19, 2020 During the marriage, Mother and the children lived in Israel, while Father lived in Palestine.  Mother and the children moved to North Carolina without advance notice to Father—Mother alleged that the move was due to domestic violence issues and to her concern that Father […]

What in the World Happens Next? How Family Law Attorneys Should Plan Now for Alimony and Child Support Case Modifications

By Tonya Graser Smith The economic side effects of the coronavirus pandemic on divorced or soon-to-be-separated clients can’t be ignored. As family law attorneys, we know the flood is coming. We see the tidal wave. We see the stress of family and work, the emotional imbalance, the inability to make decisions, the very quick accusations […]

Family Law’s First Virtual Empower Hour

By Larissa Mañón Mervin and Jeanine Soufan On Friday, May 1, 2020, the Family Law Section participated in the North Carolina Bar Foundation’s first-ever “Virtual” Empower Hour. After our Virtual Section Meeting, members stayed on our Zoom call to login to NC Free Legal Answers and to help clear the Family Law question queue together. NC […]

Case Law Update: DVPO

By Rebecca K. Watts  Quackenbush v. Groat, COA19-415, decided May 5, 2020 (DVPO) Plaintiff filed a complaint for domestic violence protective order, to which she attached 12 pages of detailed allegations against Defendant. At the hearing, Defendant moved to dismiss the complaint for failure to state a claim. Defendant argued that the Court of Appeals […]

Case Law Update: Custody Modification

By Rebecca K. Watts Padilla v. Whitley de Padilla, COA19-478, decided May 5, 2020 (Custody Modification) The parties’ original custody order was entered in 2016 and granted custody to Mother. Father had limited visitation because at the time that order was entered, Father had ongoing mental health issues, an unhealthy relationship with his girlfriend, and […]

Case Law Update: Equitable Distribution

By Rebecca K. Watts Best v. Staton, COA19-638, May 5, 2020 Prior to the parties’ separation, Wife filed a complaint for divorce from bed and board and equitable distribution. Husband filed an answer to the complaint and a notice of “intent to file for equitable distribution.” In his prayer for relief, Husband asked that he […]

ICPC Procedures during the COVID-19 Crisis – Interstate Adoption

By Brinton Wright and Michele Smith If you’re involved in an interstate adoption and need to comply with the Interstate Compact on the Placement of Children (ICPC), you should know how the COVID-19 crisis affected the procedure for submitting a request for approval of a placement to North Carolina ICPC. North Carolina’s ICPC Administrative Assistant and […]