§ 50-90 – Definitions.
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. Physical aggression or […]
§ 50-91 – Appointment of parenting coordinator.
50-91. Appointment of parenting coordinator. (a) The court may appoint or reappoint a parenting coordinator at any time in a child custody action involving minor children brought under Article 1 of this Chapter on or after the entry of a custody order, other than an ex parte order, or upon entry of a contempt order […]
§ 50-92 – Authority of parenting coordinator.
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 in complying with the court’s custody order, resolving disputes regarding issues that were not specifically addressed in the custody order, or […]
§ 50-93 – Qualifications.
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: (1) Hold a masters or doctorate degree in psychology, law, social work, or counseling. (2) Have at least five years of related professional post-degree experience. (3) Hold a current […]
§ 50-94 – Appointment conference.
50-94. Appointment conference. (a) The parties, their attorneys, and the proposed parenting coordinator must all attend the appointment conference. However, no appointment conference is required if (i) the parenting coordinator’s term is later extended, (ii) a subsequent parenting coordinator is appointed in the same matter, or (iii) the parties, their attorneys, and the proposed parenting […]
§ 50-62 – Construction; uniformity of interpretation.
50-62. Construction; uniformity of interpretation. (a) Certain provisions of this Article have been adapted from the Uniform Arbitration Act formerly in force in this State, the Revised Uniform Arbitration Act in force in this State, the North Carolina International Commercial Arbitration and Conciliation Act, and Chapters 50, 50A, 50B, 51, 52, and 52C of the […]
§ 50-70 – Collaborative law.
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, s. 1.)
§ 50-71 – Definitions.
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 to resolve their […]
§ 50-72 – Agreement requirements.
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. 1.)
§ 50-73 – Tolling of time periods.
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 […]