In this post from 2015, https://civil.sog.unc.edu/servicemembers-civil-relief-act-applies-to-family-cases-too/, I wrote about the first appellate opinion in North Carolina to address the requirements of the Servicemembers’ Civil Relief Act, now codified at 50 USCA sections 3901-4043 (the SCRA). In In re: Branch, 367 N.C. 733 (2015), the North Carolina Supreme Court examined the requirements of the SCRA that apply when a defendant has not made an appearance in a civil proceeding. The opinion was a reminder that the SCRA applies to all civil cases, including family law cases, and that we have servicemembers throughout our state, not just in areas with military facilities.
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Tag: Servicemembers Civil Relief Act
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Incompetency Proceedings and the SCRA (Yes, You Read that Right)
We’ve now posted a handful of times about the Servicemembers Civil Relief Act (SCRA) on this blog. In particular, we’ve posted on the SCRA’s application to non-judicial foreclosures, juvenile proceedings, and family law cases. At the risk of being told that the blog should be renamed “The SCRA and Other Civil Stuff,” I’m going to add another SCRA post to the list. In my defense, over the course of the past few months I’ve received a number of questions regarding the applicability of the SCRA to proceedings before the clerk of superior court. In particular, I’ve been asked whether the SCRA applies to incompetency proceedings filed under G.S. Chapter 35A for the purpose of obtaining a guardian for an alleged incompetent adult. Here’s how I’ve answered the questions I’ve received:
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The SCRA and Juvenile Proceedings
*Note this post has been amended to reflect the December 2015 recodification of the SCRA
Earlier posts address the SCRA in family law actions and non-judicial foreclosures. It’s my turn to address the SCRA’s application to abuse, neglect, dependency (A/N/D), and termination of parental rights (TPR) actions.
When and Why Does the SCRA Apply?
The SCRA applies to any judicial or administrative proceeding, except for criminal proceedings. 50 U.S.C. § 3912(b). There is no exception for A/N/D or TPR actions, which are “child custody’ proceedings. G.S. 50A-102(4). Child custody proceedings are specifically referenced in the SCRA. 50 U.S.C. § 3931(a) and -3932(a). Continue Reading
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Servicemembers’ Civil Relief Act Applies to Family Cases Too
In January we were reminded by the North Carolina Supreme Court in In Re J.B. that:
1) We have military personnel living throughout our state, not just in districts with military facilities, and
2) The federal Servicemember’s Civil Relief Act, 50 U.S.C. app. sec. 501, et. seq., (SCRA) applies to all non-criminal judicial and administrative proceedings involving service personnel, including domestic and juvenile cases.
The Act contains no exception for any civil proceeding. So it covers custody, divorce, support, equitable distribution, 50B and 50C cases, abuse, neglect and dependency proceedings and termination of parental rights.