Archive

• NC Supreme Court Addresses Jurisdiction in TPRs of Out-of-State Parents

  This entry was contributed by Sara DePasquale on April 14, 2022 at 10:55 am and is filed under Child Welfare Law.

  In the last two years, the North Carolina Supreme Court has published two opinions that answer questions raised about whether a North Carolina district court has personal and/or subject matter jurisdiction to terminate the parental rights of a parent who lives outside of North Carolina. Both opinions are cases of first impression. Both opinions held that the district court had personal jurisdiction over the respondent parent. One opinion held the district court also had subject matter jurisdiction in the TPR action. Both opinions affirmed the challenged TPR orders. Both opinions overturn previous court of appeals opinions on the issues raised. Here’s what you need to know. Continue Reading

• Update: Specific Personal Jurisdiction at the U.S. Supreme Court and the N.C. Court of Appeals

  This entry was contributed by Emily Turner on November 18, 2021 at 2:59 pm and is filed under Civil Practice, Civil Procedure-General.

  Personal jurisdiction, as the name implies, refers to the authority of a court over a particular person. In order for a court to have authority over someone in a civil case, three things must exist: (1) effective service of process, (2) a statute allowing the exercise of personal jurisdiction in the case (G.S. 1-75.4, North Carolina’s long-arm statute, is the relevant statute in our state), and (3) compliance with the due process clause of the federal constitution. Continue Reading

• Domestic Violence Protective Orders: sometimes phone calls to plaintiff in NC can establish ‘minimum contacts’

  This entry was contributed by Cheryl Howell on August 12, 2020 at 9:00 am and is filed under Domestic Violence, Family Law, Jurisdiction.

  ****UPDATE TO THIS POST: The North Carolina Supreme Court reversed the decision of the Court of Appeals discussed below. See Mucha v. Wagner, N.C. (August 13, 2021).

   

  I wrote about personal jurisdiction requirements in Chapter 50B civil domestic violence protection cases in these two earlier blog posts: Domestic Violence: DVPOs Require Personal Jurisdiction, September 9, 2016 and Domestic Violence: More on Mannise and Personal Jurisdiction, September 16, 2016.

  Continue Reading