How long does an ex parte custody order last?

Only until the prompt return hearing—typically within days—after which the court sets temporary terms based on both sides’ evidence.

Will the court order supervision or testing?

When safety is at issue, judges often order short-term supervision, monitored exchanges, and alcohol/drug testing conditions while the case proceeds.

Emergency Custody (Ex Parte) – NC Child Custody

Q: What if North Carolina isn’t the child’s home state?

Courts may use UCCJEA emergency jurisdiction to protect the child temporarily and coordinate with the home state as needed.

When a child needs protection now, speed and precision matter. We prepare targeted ex parte emergency custody filings, organize proof, and move to a prompt return hearing—orders agencies and schools can follow the same day.

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What is an emergency custody (ex parte) order in North Carolina?

An ex parte emergency custody order is a short-term order a judge can sign without hearing from the other parent when a child faces immediate danger (violence, serious neglect, impairment), is at risk of abduction, or needs urgent protection. It lasts only until a fast follow-up hearing where both sides are heard.

File fast: verified complaint + emergency motion + affidavit exhibits
Narrow relief: safety, return of child, no-contact/monitoring terms
Quick hearing: court sets a prompt return date (usually within days)

Your Emergency Custody & Ex Parte Attorney

Krispen Culbertson, North Carolina child custody lawyer with 20+ years handling ex parte emergency custody, DVPO coordination, UCCJEA emergency jurisdiction, and rapid follow-up hearings. We build clean records judges can act on immediately.

Memberships: North Carolina State Bar; local family law sections. Courts: District Court calendars across NC with regular hearings in Guilford County (Greensboro/High Point).

Start by situation

Child in immediate danger (violence/neglect/impairment)

Parent refuses to return the child

Risk of abduction or sudden relocation

DVPO filed—need temporary custody terms

Substance abuse during parenting time

School/medical access blocked—no order in place

After-hours/weekend plan & next-day filing

Prepare for the return hearing

Fast answers

Emergency threshold: immediate danger, risk of serious harm, or likely abduction. We tie facts to the legal standard with exhibits, not adjectives.

Short-term order: ex parte orders are temporary. Courts set a fast follow-up hearing so both sides can be heard.

UCCJEA emergency jurisdiction: if NC is not the home state, the court can still act to protect the child temporarily.

Clean asks: limited relief tied to safety—temporary custody, exchanges at police station, supervised time, no alcohol/drugs.

When courts grant emergency custody

Courts look for imminent risk of serious harm—violence, severe neglect, impairment while caring for the child, or a credible plan to remove the child from lawful custody. We keep affidavits specific: dates, places, screenshots, police/medical notes, school statements.

If the child wasn’t returned

We attach messages and proof of the withheld exchange, request a narrow order to return the child, set safe exchange terms, and get a quick return hearing date on the calendar.

Travel and abduction risks

Evidence matters: tickets, threats, passports, prior attempts. Relief may include no-travel terms, surrender of passports, or law-enforcement assistance to enforce the order.

DVPO + custody alignment

If there’s a 50B protective order, we align temporary custody terms so agencies and schools have one clear set of instructions to follow.

Substance use during parenting time

We request targeted conditions: no alcohol/drugs within 24 hours of time, monitored exchanges, SCRAM/remote testing where appropriate, and narrow supervision terms.

School/medical access blocked

We add language confirming parental access to records and appointments and list who may pick up the child, so front desks and nurses have clear direction.

After-hours & next-day plan

We map what to do when the clerk’s office is closed, preserve evidence, and file first thing the next business day with a complete packet ready for a judge.

Preparing for the return hearing

Ex parte orders are short-lived. We organize witnesses, videos, phone logs, and any DCF/CPS notes so the judge can convert emergency relief into practical, temporary terms while the case proceeds.

Proof & documents checklist

Texts, emails, social posts, call logs tied to risk or withheld exchanges
Police reports, medical notes, school statements, photos/videos
Travel proofs: tickets, itineraries, passport info
Prior orders or DVPOs
Contact info for witnesses who actually saw or heard the events

Your first 72 hours with our team

1) Triage & threshold
Confirm facts meet emergency standard; choose venue and path (UCCJEA if needed).

2) Evidence pack
Time-stamped exhibits; affidavits with dates/places; targeted proposed order.

3) Filing & presentment
File verified complaint + motion; present to a judge same day where possible.

4) Service & notice
Immediate service and scheduling of the return hearing.

5) Hearing prep
Witness lists, exhibits, and narrow, enforceable terms the court can adopt.

FAQs

How do I get emergency custody in North Carolina?

File a verified complaint and an emergency motion with sworn affidavits showing immediate risk. The judge can enter a short-term ex parte order and set a fast hearing where both sides are heard.

What counts as an emergency?

Immediate danger of serious harm, severe neglect, impairment while caring for the child, or a credible plan to remove the child. Specific facts and exhibits carry the day.

How long does an ex parte order last?

Only until the return hearing—typically within days. The court then sets temporary terms after hearing from both sides.

What if NC isn’t the child’s home state?

The court can use UCCJEA emergency jurisdiction to protect the child temporarily and coordinate with the home state if needed.

Will the court order supervised time?

When safety is at issue, judges often order short-term supervision, monitored exchanges, and testing conditions while the case proceeds.

Can I file after hours?

Start preserving evidence and contact us. We organize the packet and file first thing when the clerk opens. In serious situations, coordinate with law enforcement.