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2023 North Carolina General Statutes › Chapter 50 - Divorce and Alimony › Article 4 - Collaborative Law Proceedings. › § 50-71 - Definitions.

§ 50-71. Definitions.
As used in this article, the following terms mean:
(1) Collaborative law. – A procedure in which a husband and wife who are separated and are seeking a divorce, or are contemplating separation and divorce, and their attorneys agree to use their best efforts and make a good faith attempt to resolve their disputes arising from the marital relationship on an agreed basis. The procedure shall include an agreement by the parties to attempt to resolve their disputes without having to resort to judicial intervention, except to have the court approve the settlement agreement and sign the orders required by law to effectuate the agreement of the parties as the court deems appropriate. The procedure shall also include an agreement where the parties' attorneys agree not to serve as litigation counsel, except to ask the court to approve the settlement agreement.
(2) Collaborative law agreement. – A written agreement, signed by a husband and wife and their attorneys, that contains an acknowledgement by the parties to attempt to resolve the disputes arising from their marriage in accordance with collaborative law procedures.
(3) Collaborative law procedures. – The process for attempting to resolve disputes arising from a marriage as set forth in this Article.
(4) Collaborative law settlement agreement. – An agreement entered into between a husband and wife as a result of collaborative law procedures that resolves the disputes arising from the marriage of the husband and wife.
(5) Third-party expert. – A person, other than the parties to a collaborative law agreement, hired pursuant to a collaborative law agreement to assist the parties in the resolution of their disputes. (2003-371, s. 1.)
2023 North Carolina General Statutes › Chapter 50 - Divorce and Alimony › Article 4 - Collaborative Law Proceedings. › § 50-72 - Agreement requirements.

§ 50-72. Agreement requirements.
A collaborative law agreement must be in writing, signed by all the parties to the agreement and their attorneys, and must include provisions for the withdrawal of all attorneys involved in the collaborative law procedure if the collaborative law procedure does not result in settlement of the dispute. (2003-371, s. 1.)
2023 North Carolina General Statutes › Chapter 50 - Divorce and Alimony › Article 4 - Collaborative Law Proceedings. › § 50-73 - Tolling of time periods.

§ 50-73. Tolling of time periods.
A validly executed collaborative law agreement shall toll all legal time periods applicable to legal rights and issues under law between the parties for the amount of time the collaborative law agreement remains in effect. This section applies to any applicable statutes of limitations, filing deadlines, or other time limitations imposed by law or court rule, including setting a hearing or trial in the case, imposing discovery deadlines, and requiring compliance with scheduling orders. (2003-371, s. 1.)
2023 North Carolina General Statutes › Chapter 50 - Divorce and Alimony › Article 4 - Collaborative Law Proceedings. › § 50-74 - Notice of collaborative law agreement.

§ 50-74. Notice of collaborative law agreement.
(a) No notice shall be given to the court of any collaborative law agreement entered into prior to the filing of a civil action under this Article.
(b) If a civil action is pending, a notice of a collaborative law agreement, signed by the parties and their attorneys, shall be filed with the court. After the filing of a notice of a collaborative law agreement, the court shall take no action in the case, including dismissal, unless the court is notified in writing that the parties have done one of the following:
(1) Failed to reach a collaborative law settlement agreement.
(2) Both voluntarily dismissed the action.
(3) Asked the court to enter a judgment or order to make the collaborative law settlement agreement an act of the court in accordance with G.S. 50-75. (2003-371, s. 1.)
2023 North Carolina General Statutes › Chapter 50 - Divorce and Alimony › Article 4 - Collaborative Law Proceedings. › § 50-75 - Judgment on collaborative law settlement agreement.

§ 50-75. Judgment on collaborative law settlement agreement.
A party is entitled to an entry of judgment or order to effectuate the terms of a collaborative law settlement agreement if the agreement is signed by each party to the agreement. (2003-371, s. 1.)
2023 North Carolina General Statutes › Chapter 50 - Divorce and Alimony › Article 4 - Collaborative Law Proceedings. › § 50-76 - Failure to reach settlement; disposition by court; duty of attorney to withdraw.

§ 50-76. Failure to reach settlement; disposition by court; duty of attorney to withdraw.
(a) If the parties fail to reach a settlement and no civil action has been filed, either party may file a civil action, unless the collaborative law agreement first provides for the use of arbitration or alternative dispute resolution.
(b) If a civil action is pending and the collaborative law procedures do not result in a collaborative law settlement agreement, upon notice to the court, the court may enter orders as appropriate, free of the restrictions of G.S. 50-74(b).
(c) If a civil action is filed or set for trial pursuant to subsection (a) or (b) of this section, the attorneys representing the parties in the collaborative law proceedings may not represent either party in any further civil proceedings and shall withdraw as attorney for either party. (2003-371, s. 1.)
2023 North Carolina General Statutes › Chapter 50 - Divorce and Alimony › Article 4 - Collaborative Law Proceedings. › § 50-77 - Privileged and inadmissible evidence.

§ 50-77. Privileged and inadmissible evidence.
(a) All statements, communications, and work product made or arising from a collaborative law procedure are confidential and are inadmissible in any court proceeding. Work product includes any written or verbal communications or analysis of any third-party experts used in the collaborative law procedure.
(b) All communications and work product of any attorney or third-party expert hired for purposes of participating in a collaborative law procedure shall be privileged and inadmissible in any court proceeding, except by agreement of the parties. (2003-371, s. 1.)
2023 North Carolina General Statutes › Chapter 50 - Divorce and Alimony › Article 4 - Collaborative Law Proceedings. › § 50-78 - Alternate dispute resolution permitted.

§ 50-78. Alternate dispute resolution permitted.
Nothing in this Article shall be construed to prohibit the parties from using, by mutual agreement, other forms of alternate dispute resolution, including mediation or binding arbitration, to reach a settlement on any of the issues included in the collaborative law agreement. The parties' attorneys for the collaborative law proceeding may also serve as counsel for any form of alternate dispute resolution pursued as part of the collaborative law agreement. (2003-371, s. 1.)
2023 North Carolina General Statutes › Chapter 50 - Divorce and Alimony › Article 4 - Collaborative Law Proceedings. › § 50-79 - Collaborative law procedures surviving death.

§ 50-79. Collaborative law procedures surviving death.
Consistent with G.S. 50-20(l), the personal representative of the estate of a deceased spouse may continue a collaborative law procedure with respect to equitable distribution that has been initiated by a collaborative law agreement prior to death, notwithstanding the death of one of the spouses. The provisions of G.S. 50-73 shall apply to time limits applicable under G.S. 50-20(l) for collaborative law procedures continued pursuant to this section. (2003-371, s. 1.)
2023 North Carolina General Statutes › Chapter 50 - Divorce and Alimony › Article 5 - Parenting Coordinator. › § 50-90 - Definitions.

§ 50-90. Definitions.
As used in this Article, the following terms mean:
(1) High-conflict case. – A child custody action involving minor children brought under Article 1 of this Chapter where the parties demonstrate an ongoing pattern of any of the following:
a. Excessive litigation.
b. Anger and distrust.
c. Verbal abuse.
d. Physical aggression or threats of physical aggression.
e. Difficulty communicating about and cooperating in the care of the minor children.
f. Conditions that in the discretion of the court warrant the appointment of a parenting coordinator.
(2) Minor child. – A person who is less than 18 years of age and who is not married or legally emancipated.
(3) Parenting coordinator. – An impartial person who meets the qualifications of G.S. 50-93.
(4) Party. – Any person granted legal or physical custodial rights to a child in a child custody action. (2005-228, s. 1; 2019-172, s. 2.)
2023 North Carolina General Statutes › Chapter 50 - Divorce and Alimony › Article 5 - Parenting Coordinator. › § 50-91 - Appointment of parenting coordinator.

§ 50-91. Appointment of parenting coordinator.
(a) The court may appoint or reappoint a parenting coordinator at any time in a child custody action involving minor children brought under Article 1 of this Chapter on or after the entry of a custody order, other than an ex parte order, or upon entry of a contempt order involving a custody issue pursuant to any of the following:
(1) All parties consent to the appointment and the scope of the parenting coordinator's authority.
(2) Upon motion of a party requesting the appointment of a parenting coordinator.
(3) Upon the court's own motion.
(b) If the parties have not consented to the appointment of a parenting coordinator, the court shall make specific findings that the action is a high-conflict case, that the appointment of the parenting coordinator is in the best interests of any minor child in the case, and that the parties are able to pay for the cost of the parenting coordinator. The court does not have to find a substantial change of circumstance has occurred to appoint a parenting coordinator.
(c) The order appointing a parenting coordinator shall specify the terms of the appointment and the issues the parenting coordinator is directed to assist the parties in resolving and deciding. Notwithstanding the appointment of a parenting coordinator, the court shall retain exclusive jurisdiction to determine fundamental issues of custody, visitation, and support, and the authority to exercise management and control of the case.
(d) The parenting coordinator shall be selected from a list maintained by the district court. Prior to the appointment, the court, the parties' attorneys, or the parties shall contact the parenting coordinator to determine if the parenting coordinator is willing and able to accept the appointment. (2005-228, s. 1; 2019-172, s. 2.)
2023 North Carolina General Statutes › Chapter 50 - Divorce and Alimony › Article 5 - Parenting Coordinator. › § 50-93 - Qualifications.

§ 50-93. Qualifications.
(a) To be eligible to be included on the district court's list of parenting coordinators, a person must meet all of the following requirements:
(1) Hold a masters or doctorate degree in psychology, law, social work, or counseling.
(2) Have at least five years of related professional post-degree experience.
(3) Hold a current North Carolina license in the parenting coordinator's area of practice.
(4) Participate in 24 hours of training in topics related to the developmental stages of children, the dynamics of high-conflict families, the stages and effects of divorce, problem solving techniques, mediation, and legal issues.
(b) In order to remain eligible as a parenting coordinator, the person must also attend parenting coordinator seminars that provide continuing education, group discussion, and peer review and support. (2005-228, s. 1; 2019-172, s. 2.)
2023 North Carolina General Statutes › Chapter 50 - Divorce and Alimony › Article 5 - Parenting Coordinator. › § 50-94 - Appointment conference.

§ 50-94. Appointment conference.
(a) The parties, their attorneys, and the proposed parenting coordinator must all attend the appointment conference. However, no appointment conference is required if (i) the parenting coordinator's term is later extended, (ii) a subsequent parenting coordinator is appointed in the same matter, or (iii) the parties, their attorneys, and the proposed parenting coordinator consent to a waiver of the appointment conference by signing the proposed appointment order. The court shall not enter an order appointing a parenting coordinator or conduct an appointment conference unless a custody order has already been entered or is being simultaneously entered.
(b) At the time of the appointment conference, the court shall do all of the following:
(1) Explain to the parties the parenting coordinator's role, authority, and responsibilities as specified in the appointment order and any agreement entered into by the parties.
(2) Repealed by Session Laws 2019-172, s. 2, effective October 1, 2019.
(3) Determine financial arrangements for the parenting coordinator's fee to be paid by each party and authorize the parenting coordinator to charge any party separately for individual contacts made necessary by that party's behavior.
(4) Inform the parties, their attorneys, and the parenting coordinator of the rules regarding communications among them and with the court.
(5) Enter the appointment order if the order has not yet been entered.
(c) Repealed by Session Laws 2019-172, s. 2, effective October 1, 2019. (2005-228, s. 1; 2019-172, s. 2.)
2023 North Carolina General Statutes › Chapter 50 - Divorce and Alimony › Article 5 - Parenting Coordinator. › § 50-95 - Fees.

§ 50-95. Fees.
(a) The parenting coordinator shall be entitled to reasonable compensation from the parties for services rendered and to a reasonable retainer. If a dispute arises regarding the payment of fees or the retainer, the parenting coordinator may file a fee report and request a hearing. If a party disputes the parenting coordinator's fees or the allocation of those fees, the party may file a motion with the court requesting that the court review the fees. The district court retains jurisdiction to resolve disputes regarding the parenting coordinator's fees after the conclusion of the parenting coordinator's term so long as the parenting coordinator's fee report was filed in a timely manner.
(b) Repealed by Session Laws 2019-172, s. 2, effective October 1, 2019. (2005-228, s. 1; 2019-172, s. 2.)
2023 North Carolina General Statutes › Chapter 50 - Divorce and Alimony › Article 5 - Parenting Coordinator. › § 50-96 - Meetings and communications.

§ 50-96. Meetings and communications.
Meetings and communications between the parenting coordinator and the parties, the attorneys for the parties, or any other person with information that assists the parenting coordinator in the coordinator's duties may be informal and ex parte. Communications between the parties and the parenting coordinator are not confidential. The parenting coordinator and the court shall not engage in any ex parte communications. Upon request of the parenting coordinator, the parties shall timely execute any releases necessary to facilitate communication with any person having information that assists the parenting coordinator in the coordinator's duties. The parenting coordinator, in the coordinator's discretion, may meet or communicate with the minor children. (2005-228, s. 1; 2019-172, s. 2.)
2023 North Carolina General Statutes › Chapter 50 - Divorce and Alimony › Article 5 - Parenting Coordinator. › § 50-97 - Reports.

§ 50-97. Reports.
(a) The parenting coordinator may file a report with the court regarding any of the following:
(1) The parenting coordinator's belief that the existing custody order is not in the best interests of the child.
(2) The parenting coordinator's determination that the parenting coordinator is not qualified to address or resolve certain issues in the case.
(3) A party's noncompliance with a decision of the parenting coordinator or the terms of the custody order.
(4) The parenting coordinator's fees as set forth in G.S. 50-95.
(5) The parenting coordinator's request that the parenting coordinator's appointment be modified or terminated.
(b) Upon the filing of a verified report by the parenting coordinator alleging that a party is not complying with a decision of the parenting coordinator, not complying with the terms of the custody order, or not paying the parenting coordinator's fees, the court may issue an order directing a party to appear at a specified reasonable time and show cause why the party shall not be held in contempt. Nothing in this section prevents a party from filing the party's own motion regarding noncompliance with a parenting coordinator's decision or noncompliance with the terms of the custody order.
(c) An expedited hearing shall be granted and shall occur within four weeks of the filing of the report unless the parenting coordinator requests a longer length of time or the court has already issued an order directing a party to show cause why the party shall not be held in contempt.
(d) The court, after a hearing on the parenting coordinator's report, shall be authorized to issue temporary custody orders as may be required for a child's best interests. (2005-228, s. 1; 2019-172, s. 2.)
2023 North Carolina General Statutes › Chapter 50 - Divorce and Alimony › Article 5 - Parenting Coordinator. › § 50-98 - Parenting coordinator records.

§ 50-98. Parenting coordinator records.
(a) In the parenting coordinator's discretion, the parenting coordinator may release any records held by the parenting coordinator to the parties or the attorneys for the parties.
(b) Any party may apply to the judge presiding for the issuance of a subpoena to compel production of the parenting coordinator's records. Any party who submits an application for a subpoena shall provide reasonable notice to the parenting coordinator and the parties so that any objection to the release of information or the manner of the release of information may be considered prior to the issuance of a subpoena. (2005-228, s. 1; 2019-172, s. 2.)
2023 North Carolina General Statutes › Chapter 50 - Divorce and Alimony › Article 5 - Parenting Coordinator. › § 50-99 - Modification or termination of parenting coordinator appointment.

§ 50-99. Modification or termination of parenting coordinator appointment.
(a) For good cause shown, the court may terminate or modify the parenting coordinator appointment upon motion of any party, upon the agreement of the parties, or by the court on its own motion.
(b) For good cause shown, the court may modify or terminate the parenting coordinator's appointment upon request of the parenting coordinator as set forth in G.S. 50-97(a)(5).
(c) For purposes of termination or modification of the parenting coordinator's appointment, good cause may include, but is not limited to, any of the following:
(1) The lack of reasonable progress.
(2) A determination that the parties no longer need the assistance of a parenting coordinator.
(3) Impairment on the part of a party that significantly interferes with the party's participation in the process.
(4) The inability or unwillingness of the parenting coordinator to continue to serve. (2005-228, s. 1; 2019-172, s. 2.)
2023 North Carolina General Statutes › Chapter 50 - Divorce and Alimony › Article 5 - Parenting Coordinator. › § 50-100 - Parenting coordinator immunity.

§ 50-100. Parenting coordinator immunity.
A parenting coordinator shall not be liable for damages for acts or omissions of ordinary negligence arising out of that person's duties and responsibilities as a parenting coordinator. This section does not apply to actions arising out of the operation of a motor vehicle. (2005-228, s. 1.)
2023 North Carolina General Statutes › Chapter 50A - Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed Parents Custody and Visitation Act › Article 2 - Uniform Child-Custody Jurisdiction and Enforcement Act. › § 50A-101 - Short title.

§ 50A-101. Short title.
This Article may be cited as the Uniform Child-Custody Jurisdiction and Enforcement Act. (1979, c. 110, s. 1; 1999-223, s. 3.)
2023 North Carolina General Statutes › Chapter 50A - Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed Parents Custody and Visitation Act › Article 2 - Uniform Child-Custody Jurisdiction and Enforcement Act. › § 50A-103 - Proceedings governed by other law.

§ 50A-103. Proceedings governed by other law.
This Article does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. (1999-223, s. 3.)
2023 North Carolina General Statutes › Chapter 50A - Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed Parents Custody and Visitation Act › Article 2 - Uniform Child-Custody Jurisdiction and Enforcement Act. › § 50A-104 - Application to Indian tribes.

§ 50A-104. Application to Indian tribes.
(a) A child-custody proceeding that pertains to an Indian child, as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., is not subject to this Article to the extent that it is governed by the Indian Child Welfare Act.
(b) A court of this State shall treat a tribe as if it were a state of the United States for the purpose of applying Parts 1 and 2.
(c) A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this Article must be recognized and enforced under Part 3. (1999-223, s. 3.)
2023 North Carolina General Statutes › Chapter 50A - Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed Parents Custody and Visitation Act › Article 2 - Uniform Child-Custody Jurisdiction and Enforcement Act. › § 50A-105 - International application of Article.

§ 50A-105. International application of Article.
(a) A court of this State shall treat a foreign country as if it were a state of the United States for the purpose of applying Parts 1 and 2.
(b) Except as otherwise provided in subsection (c), a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this Article must be recognized and enforced under Part 3.
(c) A court of this State need not apply this Article if the child-custody law of a foreign country violates fundamental principles of human rights. (1979, c. 110, s. 1; 1999-223, s. 3.)
2023 North Carolina General Statutes › Chapter 50A - Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed Parents Custody and Visitation Act › Article 2 - Uniform Child-Custody Jurisdiction and Enforcement Act. › § 50A-106 - Effect of child-custody determination.

§ 50A-106. Effect of child-custody determination.
A child-custody determination made by a court of this State that had jurisdiction under this Article binds all persons who have been served in accordance with the laws of this State or notified in accordance with G.S. 50A-108 or who have submitted to the jurisdiction of the court and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified. (1979, c. 110, s.1; 1999-223, s. 3.)
2023 North Carolina General Statutes › Chapter 50A - Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed Parents Custody and Visitation Act › Article 2 - Uniform Child-Custody Jurisdiction and Enforcement Act. › § 50A-107 - Priority.

§ 50A-107. Priority.
If a question of existence or exercise of jurisdiction under this Article is raised in a child-custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously. (1999-223, s. 3.)
2023 North Carolina General Statutes › Chapter 50A - Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed Parents Custody and Visitation Act › Article 2 - Uniform Child-Custody Jurisdiction and Enforcement Act. › § 50A-108 - Notice to persons outside State.

§ 50A-108. Notice to persons outside State.
(a) Notice required for the exercise of jurisdiction when a person is outside this State may be given in a manner prescribed by the law of this State for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.
(b) Proof of service may be made in the manner prescribed by the law of this State or by the law of the state in which the service is made.
(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court. (1999-223, s. 3.)
2023 North Carolina General Statutes › Chapter 50A - Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed Parents Custody and Visitation Act › Article 2 - Uniform Child-Custody Jurisdiction and Enforcement Act. › § 50A-109 - Appearance and limited immunity.

§ 50A-109. Appearance and limited immunity.
(a) A party to a child-custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child-custody determination, is not subject to personal jurisdiction in this State for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.
(b) A person who is subject to personal jurisdiction in this State on a basis other than physical presence is not immune from service of process in this State. A party present in this State who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
(c) The immunity granted by subsection (a) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this Article committed by an individual while present in this State. (1999-223, s. 3.)
2023 North Carolina General Statutes › Chapter 50A - Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed Parents Custody and Visitation Act › Article 2 - Uniform Child-Custody Jurisdiction and Enforcement Act. › § 50A-110 - Communication between courts.

§ 50A-110. Communication between courts.
(a) A court of this State may communicate with a court in another state concerning a proceeding arising under this Article.
(b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
(c) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.
(d) Except as otherwise provided in subsection (c), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.
(e) For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (1999-223, s. 3.)
2023 North Carolina General Statutes › Chapter 50A - Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed Parents Custody and Visitation Act › Article 2 - Uniform Child-Custody Jurisdiction and Enforcement Act. › § 50A-111 - Taking testimony in another state.

§ 50A-111. Taking testimony in another state.
(a) In addition to other procedures available to a party, a party to a child-custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this State for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
(b) A court of this State may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this State shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this State by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission. (1979, c. 110, s. 1; 1999-223, s. 3.)
2023 North Carolina General Statutes › Chapter 50A - Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed Parents Custody and Visitation Act › Article 2 - Uniform Child-Custody Jurisdiction and Enforcement Act. › § 50A-112 - Cooperation between courts; preservation of records.

§ 50A-112. Cooperation between courts; preservation of records.
(a) A court of this State may request the appropriate court of another state to:
(1) Hold an evidentiary hearing;
(2) Order a person to produce or give evidence pursuant to procedures of that state;
(3) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(4) Forward to the court of this State a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and
(5) Order a party to a child-custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(b) Upon request of a court of another state, a court of this State may hold a hearing or enter an order described in subsection (a).
(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) may be assessed against the parties according to the law of this State.
(d) A court of this State shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child-custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records. (1979, c. 110, s. 1; 1999-223, s. 3.)
2023 North Carolina General Statutes › Chapter 50A - Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed Parents Custody and Visitation Act › Article 2 - Uniform Child-Custody Jurisdiction and Enforcement Act. › § 50A-201 - Initial child-custody jurisdiction.

§ 50A-201. Initial child-custody jurisdiction.
(a) Except as otherwise provided in G.S. 50A-204, a court of this State has jurisdiction to make an initial child-custody determination only if:
(1) This State is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding, and the child is absent from this State but a parent or person acting as a parent continues to live in this State;
(2) A court of another state does not have jurisdiction under subdivision (1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this State is the more appropriate forum under G.S. 50A-207 or G.S. 50A-208, and:
a. The child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this State other than mere physical presence; and
b. Substantial evidence is available in this State concerning the child's care, protection, training, and personal relationships;
(3) All courts having jurisdiction under subdivision (1) or (2) have declined to exercise jurisdiction on the ground that a court of this State is the more appropriate forum to determine the custody of the child under G.S. 50A-207 or G.S. 50A-208; or
(4) No court of any other state would have jurisdiction under the criteria specified in subdivision (1), (2), or (3).
(b) Subsection (a) is the exclusive jurisdictional basis for making a child-custody determination by a court of this State.
(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination. (1979, c. 110, s. 1; 1999-223, s. 3.)
2023 North Carolina General Statutes › Chapter 50A - Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed Parents Custody and Visitation Act › Article 2 - Uniform Child-Custody Jurisdiction and Enforcement Act. › § 50A-202 - Exclusive, continuing jurisdiction.

§ 50A-202. Exclusive, continuing jurisdiction.
(a) Except as otherwise provided in G.S. 50A-204, a court of this State which has made a child-custody determination consistent with G.S. 50A-201 or G.S. 50A-203 has exclusive, continuing jurisdiction over the determination until:
(1) A court of this State determines that neither the child, the child's parents, and any person acting as a parent do not have a significant connection with this State and that substantial evidence is no longer available in this State concerning the child's care, protection, training, and personal relationships; or
(2) A court of this State or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this State.
(b) A court of this State which has made a child-custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under G.S. 50A-201. (1999-223, s. 3.)
2023 North Carolina General Statutes › Chapter 50A - Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed Parents Custody and Visitation Act › Article 2 - Uniform Child-Custody Jurisdiction and Enforcement Act. › § 50A-203 - Jurisdiction to modify determination.

§ 50A-203. Jurisdiction to modify determination.
Except as otherwise provided in G.S. 50A-204, a court of this State may not modify a child-custody determination made by a court of another state unless a court of this State has jurisdiction to make an initial determination under G.S. 50A-201(a)(1) or G.S. 50A-201(a)(2) and:
(1) The court of the other state determines it no longer has exclusive, continuing jurisdiction under G.S. 50A-202 or that a court of this State would be a more convenient forum under G.S. 50A-207; or
(2) A court of this State or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state. (1979, c. 110, s. 1; 1999-223, s. 3.)
2023 North Carolina General Statutes › Chapter 50A - Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed Parents Custody and Visitation Act › Article 2 - Uniform Child-Custody Jurisdiction and Enforcement Act. › § 50A-204 - Temporary emergency jurisdiction.

§ 50A-204. Temporary emergency jurisdiction.
(a) A court of this State has temporary emergency jurisdiction if the child is present in this State and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
(b) If there is no previous child-custody determination that is entitled to be enforced under this Article and a child-custody proceeding has not been commenced in a court of a state having jurisdiction under G.S. 50A-201 through G.S. 50A-203, a child-custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under G.S. 50A-201 through G.S. 50A-203. If a child-custody proceeding has not been or is not commenced in a court of a state having jurisdiction under G.S. 50A-201 through G.S. 50A-203, a child-custody determination made under this section becomes a final determination if it so provides, and this State becomes the home state of the child.
(c) If there is a previous child-custody determination that is entitled to be enforced under this Article, or a child-custody proceeding has been commenced in a court of a state having jurisdiction under G.S. 50A-201 through G.S. 50A-203, any order issued by a court of this State under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under G.S. 50A-201 through G.S. 50A-203. The order issued in this State remains in effect until an order is obtained from the other state within the period specified or the period expires.
(d) A court of this State which has been asked to make a child-custody determination under this section, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of a state having jurisdiction under G.S. 50A-201 through G.S. 50A-203 shall immediately communicate with the other court. A court of this State which is exercising jurisdiction pursuant to G.S. 50A-201 through G.S. 50A-203, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order. (1979, c. 110, s. 1; 1999-223, s. 3.)
2023 North Carolina General Statutes › Chapter 50A - Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed Parents Custody and Visitation Act › Article 2 - Uniform Child-Custody Jurisdiction and Enforcement Act. › § 50A-205 - Notice; opportunity to be heard; joinder.

§ 50A-205. Notice; opportunity to be heard; joinder.
(a) Before a child-custody determination is made under this Article, notice and an opportunity to be heard in accordance with the standards of G.S. 50A-108 must be given to all persons entitled to notice under the law of this State as in child-custody proceedings between residents of this State, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.
(b) This Article does not govern the enforceability of a child-custody determination made without notice or an opportunity to be heard.
(c) The obligation to join a party and the right to intervene as a party in a child-custody proceeding under this Article are governed by the law of this State as in child-custody proceedings between residents of this State. (1979, c. 110, s. 1; 1999-223, s. 3.)
2023 North Carolina General Statutes › Chapter 50A - Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed Parents Custody and Visitation Act › Article 2 - Uniform Child-Custody Jurisdiction and Enforcement Act. › § 50A-206 - Simultaneous proceedings.

§ 50A-206. Simultaneous proceedings.
(a) Except as otherwise provided in G.S. 50A-204, a court of this State may not exercise its jurisdiction under this Part if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this Article, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this State is a more convenient forum under G.S. 50A-207.
(b) Except as otherwise provided in G.S. 50A-204, a court of this State, before hearing a child-custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to G.S. 50A-209. If the court determines that a child-custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this Article, the court of this State shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this Article does not determine that the court of this State is a more appropriate forum, the court of this State shall dismiss the proceeding.
(c) In a proceeding to modify a child-custody determination, a court of this State shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child-custody determination has been commenced in another state, the court may:
(1) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(2) Enjoin the parties from continuing with the proceeding for enforcement; or
(3) Proceed with the modification under conditions it considers appropriate. (1979, c. 110, s. 1; 1999-223, s. 3.)
2023 North Carolina General Statutes › Chapter 50A - Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed Parents Custody and Visitation Act › Article 2 - Uniform Child-Custody Jurisdiction and Enforcement Act. › § 50A-207 - Inconvenient forum.

§ 50A-207. Inconvenient forum.
(a) A court of this State which has jurisdiction under this Article to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances, and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court.
(b) Before determining whether it is an inconvenient forum, a court of this State shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:
(1) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
(2) The length of time the child has resided outside this State;
(3) The distance between the court in this State and the court in the state that would assume jurisdiction;
(4) The relative financial circumstances of the parties;
(5) Any agreement of the parties as to which state should assume jurisdiction;
(6) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
(7) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
(8) The familiarity of the court of each state with the facts and issues in the pending litigation.
(c) If a court of this State determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child-custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
(d) A court of this State may decline to exercise its jurisdiction under this Article if a child-custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding. (1979, c. 110, s. 1; 1999-223, s. 3.)
2023 North Carolina General Statutes › Chapter 50A - Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed Parents Custody and Visitation Act › Article 2 - Uniform Child-Custody Jurisdiction and Enforcement Act. › § 50A-208 - Jurisdiction declined by reason of conduct.

§ 50A-208. Jurisdiction declined by reason of conduct.
(a) Except as otherwise provided in G.S. 50A-204 or by other law of this State, if a court of this State has jurisdiction under this Article because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
(1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(2) A court of the state otherwise having jurisdiction under G.S. 50A-201 through G.S. 50A-203 determines that this State is a more appropriate forum under G.S. 50A-207; or
(3) No court of any other state would have jurisdiction under the criteria specified in G.S. 50A-201 through G.S. 50A-203.
(b) If a court of this State declines to exercise its jurisdiction pursuant to subsection (a), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child-custody proceeding is commenced in a court having jurisdiction under G.S. 50A-201 through G.S. 50A-203.
(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorneys' fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this State unless authorized by law other than this Article. (1979, c. 110, s. 1; 1999-223, s. 3.)
2023 North Carolina General Statutes › Chapter 50A - Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed Parents Custody and Visitation Act › Article 2 - Uniform Child-Custody Jurisdiction and Enforcement Act. › § 50A-209 - Information to be submitted to court.

§ 50A-209. Information to be submitted to court.
(a) In a child-custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:
(1) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, the pleading or affidavit shall identify the court, the case number, and the date of the child-custody determination, if any;
(2) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, the pleading or affidavit shall identify the court, the case number, and the nature of the proceeding; and
(3) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
(b) If the information required by subdivisions (a) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
(c) If the declaration as to any of the items described in subdivisions (a)(1) through (3) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.
(d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
(e) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice. (1979, c. 110, s. 1; 1999-223, s. 3.)