North Carolina Lawyers Weekly
Where the respondent-Mother generally refused to cooperate with DSS, refused to inform DSS of her out-of-state address, declined to attend court hearings, and told a social worker she was fine with her son living with his father but refused to visit him as long as he was in the father’s care, there was no contested issue of custody or visitation. Consequently, mediation was not required under G.S. § 50-13.1.
We affirm the trial court’s transfer of this matter from juvenile court to a civil custody action.
Although Mother alleged domestic violence in the past, she never presented any evidence to support her allegations. The court found the child was doing well in his father’s care, and no further incidents or allegations relating to any domestic violence more recently appear in the record. Therefore, the trial court was not required to make findings about domestic violence.
In re J.G. (Lawyers Weekly No. 012-114-23, 19 pp.) (Allison Riggs, J.) Appealed from Wilson County District Court (Elizabeth Freshwater-Smith, J.) Jennifer Bennington for petitioner; Mark Hayes for respondent; Alexandra Davidson for guardian ad litem. North Carolina Court of Appeals (unpublished)
