Enforcement Of Out-Of-State Orders
People who move to North Carolina from other states following a divorce or separation often have questions about whether the court orders from their home state will apply here. Others who have been granted a restraining order want to know whether they will continue to be protected through it in a different state.
The answer in these cases is “It depends,” which means you need an experienced family lawyer who can explain how your rights are affected by being in North Carolina and, when necessary, seek new court orders here. Our attorney, James H. Cooke, has 35-plus years of experience handling complex family law issues. In addition to divorce, child custody and domestic violence issues, he regularly handles military divorce and other matters involving multiple jurisdictions. This gives him and our legal team the ability to carefully evaluate a client’s rights and recommend the correct course of action to help them assert or retain important parental or financial rights.
Recently Moved To North Carolina? Learn How Your Rights May Be Impacted.
Generally, valid protective orders from other states can be enforced in North Carolina if they meet certain requirements. The federal Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) allows states to enforce child custody orders from other states.
Problems can arise when an order expires after someone moves to North Carolina, or if the original court indicates that an order should no longer be valid. In these cases, our firm can assist in obtaining new orders issued by North Carolina courts, ensuring that our clients continue to receive the protections they need.