Hinton-Lynch v. Frierson A mother who left her child with her parents for four months cannot prevail on her abduction of a minor or interference with child custody claim since she did not have custody rights superior to the child’s father at the time of the alleged abduction.

Tagged with: Domestic Relations first impression parent & child Tort/Negligence

Lovallo v. Sabato Defendant timely filed motions for relief from the trial court’s order; then, five months after the order was entered but before the trial court had ruled on defendant’s N.C.R. Civ. P. 59 and 60 motions, defendant filed notice of appeal. Defendant’s notice of appeal was not timely filed, and we do not find it appropriate to issue a writ of certiorari under these circumstances. Appeal dismissed.

Tagged with: appeals Child Custody Civil Practice Domestic Relations Untimely Notice

Skelly v. Skelly A week before trial, defendant told her lawyer that she wished to seek the advice of other counsel, and she asked her lawyer to get her a continuance to allow her time to do so. The lawyer waited until the day before trial to tell defendant that the motion to continue had been denied six days earlier. Contrary to defendant’s wishes on the day of trial, the trial court allowed the lawyer to withdraw and commenced trial with defendant proceeding pro se. Defendant was entitled to a reasonable opportunity to obtain new counsel, which she did not receive. We reverse the Feb. 15, 2010 custody order and remand for further proceedings.

Tagged with: Attorneys Domestic Relations

Searcy v. Searcy Since the parties were still living together and had not yet hired counsel when they disclosed their assets in anticipation of separating, the husband had a fiduciary duty to make a full disclosure. The separation agreement does not mention two promissory notes that the husband received payment on soon after the parties separated.

Tagged with: Constructive Fraud Domestic Relations Separation Agreement Tort/Negligence

Ross v. Ross The plaintiff-husband was ordered to respond to the defendant-wife’s discovery requests, but he responded that information about the Emerald Isle property at issue was “proprietary” and would be revealed in court at the equitable distribution hearing “when necessary.” He also claimed he could not produce financing information about the property because his former attorneys had not returned such information to him.

Tagged with: Civil Practice Contempt discovery Domestic Relations equitable distribution sanctions

Romulus v. Romulus Where the trial court’s equitable distribution order required the defendant-husband to make a distributive award to the plaintiff-wife in monthly installments over seven years, once the husband appealed the order, the trial court lacked subject matter jurisdiction to enforce the payment of the installments. Vacated and remanded.

Tagged with: appeals Civil Practice Distributive Award Domestic Relations equitable distribution subject-matter jurisdiction

Romulus v. Romulus Despite the defendant-husband’s own marital misconduct - in the form of physical abuse of the plaintiff-wife and physical and verbal abuse of the parties’ children - the wife is barred from receiving alimony because she engaged in illicit sexual activity in 1999.

Tagged with: Alimony Domestic Relations equitable distribution separate property

In re D.L. Even though the children were adjudicated neglected, custody was never removed from the respondent-mother; the mother’s placement of the children in the homes of relatives was within her authority as custodian of the children, and that decision was endorsed by both DSS and the trial court. The court both recognized the mother’s legal status as custodian and alleviated the guardian ad litem’s concern when the court asked the mother to provide a medical power of attorney to meet the children’s medical needs.

Tagged with: Domestic Relations Neglect parent & child

Jouma v. Jouma The plaintiff-father filed his motion to modify custody and support in October 2009; therefore, the trial court’s October 2010 order did not retroactively modify the father’s support arrearage in violation of G.S. § 50-13.10 or 42 U.S.C. § 666(a)(9)(c) when it extinguished the father’s obligation to pay child support after Sept. 1, 2010. We affirm the trial court’s order granting custody to the father and requiring the mother to pay child support.

Tagged with: Changed Circumstances custody & support Domestic Relations notice parent & child

In re A.C.G. Although Piedmont Behavioral Health provides services pursuant to several government contracts, PBH is an independent contractor; as such, it is not entitled to governmental immunity. We affirm the order holding PBH in contempt in part. We vacate that part of the order fining PBH $10,000.

Tagged with: Civil Practice Contempt Domestic Relations juvenile sovereign immunity