1. § 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.)
  2. § 50‑98. Parenting coordinator records.

    (a) The parenting coordinator shall provide the following to the attorneys for the parties and to the parties: A written summary of the developments in the case following each meeting with the parties. Copies of any other written communications. (b) The parenting coordinator shall maintain records of each meeting. These...
  3. § 50‑97. Reports.

    (a) The parenting coordinator shall promptly provide written notification to the court, the parties, and attorneys for the parties if the parenting coordinator makes any of the following determinations: The existing custody order is not in the best interests of the child. The parenting coordinator is not qualified to address...
  4. § 50‑96. Meetings and communications.

    Meetings between the parenting coordinator and the parties 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. (2005‑228, s. 1.)
  5. § 50‑95. Fees.

    (a) The parenting coordinator shall be entitled to reasonable compensation from the parties for services rendered and to a reasonable retainer. The parenting coordinator may request a hearing in the event of a fee dispute. (b) The court may make the appointment of a parenting coordinator contingent upon the parties’...
  6. § 50‑94. Appointment conference.

    (a) The parties, their attorneys, and the proposed parenting coordinator must all attend the appointment conference. (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...
  7. § 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: Hold a masters or doctorate degree in psychology, law, social work, counseling, medicine, or a related subject area. Have at least five years of related professional...
  8. § 50‑92. Authority of parenting coordinator.

    (a) The authority of a parenting coordinator shall be specified in the court order appointing the parenting coordinator and shall be limited to matters that will aid the parties: Identify disputed issues. Reduce misunderstandings. Clarify priorities. Explore possibilities for compromise. Develop methods of collaboration in parenting. Comply with the court’s...
  9. § 50‑91. Appointment of parenting coordinator.

    (a) The court may appoint a parenting coordinator at any time during the proceedings of a child custody action involving minor children brought under Article 1 of this Chapter if all parties consent to the appointment. The parties may agree to limit the parenting coordinator’s decision‑making authority to specific issues...
  10. § 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....
  11. § 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...
  12. § 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...
  13. § 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....
  14. § 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...
  15. § 50‑70. Collaborative law.

    As an alternative to judicial disposition of issues arising in a civil action under this Article, except for a claim for absolute divorce, on a written agreement of the parties and their attorneys, a civil action may be conducted under collaborative law procedures as set forth in this Article. (2003‑371,...
  16. § 50‑60. Appeals.

    (a) An appeal may be based on failure to comply with the procedural aspects of this Article. An appeal may be taken from any of the following: An order denying an application to compel arbitration made under G.S. 50‑43; An order granting an application to stay arbitration made under G.S....
  17. § 50‑56. Modification of award for alimony, postseparation support, child support, or child custody based on substantial change of circumstances.

    (a) A court or the arbitrators may modify an award for postseparation support, alimony, child support, or child custody under conditions stated in G.S. 50‑13.7 and G.S. 50‑16.9 as provided in subsections (b) through (f) of this section. (b) Unless the parties have agreed in writing that an award for...
  18. § 50‑54. Vacating an award.

    (a) Upon a party’s application, the court shall vacate an award for any of the following reasons: The award was procured by corruption, fraud, or other undue means; There was evident partiality by an arbitrator appointed as a neutral, corruption of an arbitrator, or misconduct prejudicing the rights of a...
  19. § 50‑50.1. Consolidation.

    (a) Except as otherwise provided in subsection (c) of this section, upon motion of a party to an agreement or arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if all of the following apply: There are separate agreements to...
  20. § 50‑47. Hearing.

    Unless otherwise provided by the parties’ written agreement: (1) The arbitrators shall appoint a time and place for the hearing and notify the parties or their counsel by personal service or by registered or certified mail, return receipt requested, not less than five days before the hearing. Appearance of a...
  21. § 50‑45.1. Disclosure by arbitrator.

    (a) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and to the arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to...
  22. § 50‑42.2. Notice.

    (a) A person initiates an arbitration proceeding by giving written notice to the other parties to the agreement to arbitrate in the manner in which the parties have agreed or, in the absence of agreement, by certified or registered mail, return receipt requested, or by service as authorized for the...
  23. § 50‑42.1. Nonwaivable provisions.

    (a) Except as otherwise provided in subsections (b) and (c) of this section or in this Article, a party to an agreement to arbitrate or an arbitration proceeding may waive, or the parties may vary the effect of, the requirements of this Article to the extent provided by law. Any...
  24. § 50‑34. Establishment of an expedited process.

    (a) Districts Required to Have Expedited Process. – In any district court district as defined in G.S. 7A‑133 that is required by G.S. 50‑33(b) to establish an expedited child support process, the Director of the Administrative Office of the Courts shall notify the chief district court judge and the clerk...
  25. § 50‑33. Waiver of expedited process requirement.

    (a) State to Seek Waiver. – The State Department of Health and Human Services, with the assistance of the Administrative Office of the Courts, shall vigorously pursue application to the United States Department of Health and Human Services for waivers of the federal expedited process requirement. (b) Districts That Do...
  26. § 50‑31. Definitions.

    As used in this Article, unless the context clearly requires otherwise: (1) “Child support case” means the part of any civil or criminal action or proceeding, whether intrastate or interstate, that involves a claim for the establishment or enforcement of a child support obligation. (2) “Dispose” or “disposition” of a...
  27. § 50‑30. Findings; policy; and purpose.

    (a) Findings. – The General Assembly makes the following findings: There is a strong public interest in providing fair, efficient, and swift judicial processes for establishing and enforcing child support obligations. Children are entitled to support from their parents, and court assistance is often required for the establishment and enforcement...
  28. § 50‑22. Action on behalf of an incompetent.

    A duly appointed attorney‑in‑fact who has the power to sue and defend civil actions on behalf of an incompetent spouse and who has been appointed pursuant to a durable power of attorney executed in accordance with Chapter 32A of the General Statutes, a guardian appointed in accordance with Chapter 35A...
  29. § 50‑16.9. Modification of order.

    (a) An order of a court of this State for alimony or postseparation support, whether contested or entered by consent, may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party or anyone interested. This section shall not apply...
  30. § 50‑16.3A. Alimony.

    (a) Entitlement. – In an action brought pursuant to Chapter 50 of the General Statutes, either party may move for alimony. The court shall award alimony to the dependent spouse upon a finding that one spouse is a dependent spouse, that the other spouse is a supporting spouse, and that...
  31. § 50‑16.2A. Postseparation support.

    (a) In an action brought pursuant to Chapter 50 of the General Statutes, either party may move for postseparation support. The verified pleading, verified motion, or affidavit of the moving party shall set forth the factual basis for the relief requested. (b) In ordering postseparation support, the court shall base...
  32. § 50‑16.1A. Definitions.

    As used in this Chapter, unless the context clearly requires otherwise, the following definitions apply: “Alimony” means an order for payment for the support and maintenance of a spouse or former spouse, periodically or in a lump sum, for a specified or for an indefinite term, ordered in an action...
  33. § 50‑13.12. Forfeiture of licensing privileges for failure to pay child support or for failure to comply with subpoena issued pursuant to child support or paternity establishment proceedings.

    (a) As used in this section, the term: “Licensing board” means a department, division, agency, officer, board, or other unit of state government that issues hunting, fishing, trapping, drivers, or occupational licenses or licensing privileges. “Licensing privilege” means the privilege of an individual to be authorized to engage in an...
  34. § 50‑2. Bond for costs unnecessary.

    It shall not be necessary for either party to a proceeding for divorce or alimony to give any undertaking to the other party to secure such costs as such other party may recover. (1871‑2, c. 193, s. 41; Code, s. 1294; Rev., s. 1558; C.S., s. 1656.)
  35. § 50‑3. Venue; removal of action.

    In all proceedings for divorce, the summons shall be returnable to the court of the county in which either the plaintiff or defendant resides. any action brought under Chapter 50 for alimony or divorce filed in a county where the plaintiff resides but the defendant does not reside, where...

Call the Law Office of John P. Fernandez if you have questions or need legal representation in a family law matter. John Fernandez is licensed to practice law in North Carolina. The laws of North Carolina may differ from other states and no information contained herein should be considered legal advice.

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John P. Fernandez | Child Custody and Divorce Lawyer | Raleigh, NCAttorney John Fernandez works with North Carolina individuals and families who need advice or representation in estate planning and administration matters. John provides an in-depth analysis of each client’s needs and works toward reducing estate taxes, avoiding probate and ensuring that health care decisions are handled appropriately. John helps individuals with modest and large estates achieve their goals.

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