The provisions in the Uniform Child Custody Jurisdiction and Enforcement Act (the UCCJEA), N.C. Gen Stat., Chapter 50A, define a trial court’s subject matter jurisdiction to enter a child custody determination. This means that if the requirements of the Act are not followed, a custody determination will be void ab initio.
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A/N/D and TPR Cases: The Role of the Child’s Guardian ad Litem
In abuse, neglect, dependency (A/N/D) and termination of parental rights (TPR) proceedings, the child who is the subject of the action is a party. G.S. 7B-401.1(f); -601; -1104. In most actions, the child is represented by a guardian ad litem (GAL). See G.S. 7B-601; -1108(b)–(c). This post provides an overview of the rights and duties of the child’s GAL, which are addressed in statute and case law. Continue Reading
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New Edition of the Family Law Bench Book Available Now
This book is a comprehensive legal reference created for North Carolina district court judges. The 2024 edition provides summaries of North Carolina law governing family law cases routinely heard in district court, with statutory and case law updated through October 15, 2024. Because of its large size, the print edition is published in two bound parts: Part A (876 pages) and Part B (798 pages). It is divided by topic into twelve chapters:
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Juveniles and Vehicle Seizure Under G.S. 20-28.3
Does the law regarding motor vehicle seizure when a person is charged with felony speeding to elude arrest or an offense involving impaired driving apply to juveniles? If the case is subject to original juvenile jurisdiction, the answer is no. Read on to understand why that is and what to do if a seizure order is improperly issued. Continue Reading
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Court Oversight Tools as Applicable to Trusts Governed by G.S. Chapter 36C
A trust is a fiduciary relationship in which the trustee holds a property interest subject to an equitable obligation to manage or use that property for the benefit of a beneficiary. Unlike other common fiduciary relationships, a trust is not generally under continuing judicial oversight. The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by a party or as provided by law. A trust may be in effect for years before an issue arises that necessitates judicial action. When a court proceeding is filed related to the trust, the court may have little familiarity with the trustee, the trust, or the trust administration. Once the court resolves the matter or dispute brought before it, the trustee typically resumes administering the trust without further court oversight.
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Custody jurisdiction: When is an absence from the home state a ‘temporary absence’?
Most people familiar with the law relating to child custody are familiar with the definition of the ‘home state’ of a child and the importance of the home state when determining whether a state has subject matter jurisdiction to make a child custody determination.
G.S. 50A-102(7) states:
“Home state” means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding. … A period of temporary absence of any of the mentioned persons is part of that period.” [emphasis added]
When an 11-year-old child has lived in North Carolina with her parents for her entire life but traveled to Myrtle Beach with her mother for a two-week beach vacation, it seems obvious that North Carolina will continue to be the home state of the child when mother files a custody action in North Carolina one month after she and the child return from the beach trip. The two-week period when the child was not in North Carolina clearly was a temporary absence, meaning the two weeks out of the state is “part of” the six months immediately before the commencement of the child-custody proceeding.
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What Does It Mean to Invoke the Judgment of the Court? The Supreme Court Clarifies General Appearances
Our justice system depends on due process: the idea that legal proceedings follow established rules and individuals are protected from arbitrary acts of the government. One kind of due process, commonly called procedural due process, is guaranteed by the Fifth and Fourteenth Amendments and means that parties to judicial proceedings must have notice and an opportunity to be heard. Mullane v. Cent. Hanover Bank & Trust Co., 339 U.S. 306, 313 (1950).
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New Citizen Review Panels for North Carolina’s Child Welfare System
I wrote recently about substantial upcoming changes to North Carolina’s child fatality prevention system. As part of those systemic changes in S.L. 2023-124, the General Assembly is establishing new Citizen Review Panels to evaluate the extent to which the state is fulfilling its child protection responsibilities in accordance with federal child welfare laws. This change aligns North Carolina with requirements in the Child Abuse Prevention and Treatment Act (CAPTA), the core federal legislation that authorizes funding to states for preventing and responding to child abuse and neglect. This post will discuss the structure and authority of these new citizen panels, as well as how their work intersects with local teams engaged in multidisciplinary child fatality reviews.
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Returning Juveniles with Pending Delinquency Matters in Other States Under the Interstate Compact for Juveniles
The Interstate Compact for Juveniles (ICJ) is a binding compact that establishes the law that governs the interstate movement of juveniles who are involved in the juvenile justice system. One of the purposes of the ICJ is to “[r]eturn juveniles who have… been accused of an offense to the state requesting their return.” G.S. 7B-4001(b)(3). This is akin to the extradition process used in criminal matters. The proper procedure to return a juvenile who is accused of an act of delinquency in another state to that other state is found in the ICJ rules. This post walks through the procedure. Continue Reading
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SUPPORT the SCHOOL OF GOVERNMENT TODAY!
For 94 years, the UNC School of Government has been the backbone of support for North Carolina’s public officials, from clerks and judges to budget analysts, municipal and county managers, newly elected officials, public defenders, and prosecutors. From Murphy to Manteo, we are here to ensure that those who serve our communities have the resources, training, and guidance they need to succeed. Today we are asking for your help to continue furthering this mission. Please watch this message from our Dean or read on to learn how you can be a spark in this effort. Continue Reading