Dec112025
Family Law Q&A Series

How can I enforce my custody order after the other parent moved and the new court can’t find the transferred case? – North Carolina

Short Answer

Under North Carolina law, when a child custody order from another jurisdiction needs enforcement here and the “transferred” case file cannot be located, the usual path is to treat the order as a foreign custody order and formally register it in a North Carolina district court. Once registered, the order can be enforced like a North Carolina order, even if the supposed transfer paperwork is missing. The key steps are obtaining a certified copy of the existing order, registering it, and then filing an enforcement motion in the correct North Carolina county.

Understanding the Problem

The narrow issue is: under North Carolina family law, how can a grandparent with partial physical custody under an existing custody order enforce that order after the child and other parent move to a new jurisdiction and the receiving court cannot find the “transferred” case or assign a new case number? This situation raises questions about which state has authority under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), how enforcement works when a file is lost, and what procedural steps allow a North Carolina court to recognize and act on an out-of-state or out-of-county order. The focus here is on enforcement, not changing custody, and on a single decision point: what practical legal steps North Carolina law allows when the transfer breaks down at the clerk’s office level.

Apply the Law

Under the UCCJEA as adopted in North Carolina, a valid custody order from another state or another qualifying jurisdiction can be registered here for enforcement. Registration does not re-litigate custody; it simply gives a North Carolina district court authority to treat the foreign order as if it were a North Carolina judgment for enforcement purposes. After registration, the court may use its normal enforcement tools, such as contempt or specific performance of visitation terms. Jurisdiction for initial custody decisions and later modifications depends on the child’s “home state” and whether the original court has kept or relinquished continuing, exclusive jurisdiction.

Key Requirements

  • Valid existing custody order: There must be a prior custody order from a court that had proper jurisdiction when it entered the order.
  • Proper registration in North Carolina: The person seeking enforcement must file the required documents (including a certified copy of the order and a sworn statement about any changes) with a North Carolina district court so the order can be registered as a foreign judgment.
  • Notice and opportunity to contest: The other parent must receive formal notice of the registration and has a short time to contest limited issues, such as lack of jurisdiction or prior modification; if not contested or if the challenge fails, the order is confirmed and enforceable in North Carolina.

What the Statutes Say

Analysis

Apply the Rule to the Facts: In the facts described, a grandparent holds partial physical custody under an earlier order from another jurisdiction, and the child now lives with the other parent elsewhere. The new court reports that it cannot find the transferred case or assign a number. Under North Carolina’s UCCJEA process, the missing paper transfer does not erase the existing order. The grandparent can instead treat that existing order as a foreign custody order, obtain a certified copy, and seek registration in a North Carolina district court in a county with a proper connection (for example, where the child now resides in North Carolina, where the grandparent resides if the child is here for visitation, or as otherwise consistent with jurisdiction rules). Once registered and confirmed, the North Carolina court can enforce the visitation and custody terms using its normal enforcement procedures.

Process & Timing

  1. Who files: The grandparent (or other party seeking enforcement). Where: In the District Court division of the appropriate North Carolina county (often where the child or the enforcing party resides or where enforcement is needed). What: A Petition for Registration of Foreign Child Custody Order (North Carolina form AOC-CV-660) with two copies of the prior order, including one certified copy, plus a sworn statement that, to the filer’s knowledge, the order has not been modified. When: As soon as practical after learning the “transferred” file cannot be located.
  2. After filing, the clerk opens a North Carolina case file and the court issues a Notice of Registration of Foreign Child Custody Order (form AOC-CV-661) for service on the other parent and any other party named in the original order. The other parent then has a short period (typically twenty days from service under § 50A-305) to file a contest to registration on limited grounds such as lack of jurisdiction or prior modification.
  3. If no valid contest is filed within the statutory period, or if the court rejects the challenge, the foreign order is confirmed and becomes enforceable in North Carolina. The enforcing party may then file a motion or complaint for contempt or other appropriate enforcement relief in the same case, asking the court to order compliance with visitation or custody terms and, if needed, set specific makeup time or other remedies allowed under North Carolina law.

Exceptions & Pitfalls

  • If the original court never had proper jurisdiction under UCCJEA standards, North Carolina may refuse to confirm or enforce the order after registration is challenged.
  • If the original order has been modified, stayed, or vacated in the issuing jurisdiction, enforcing the older version in North Carolina may not be allowed; a current certified copy and a sworn statement about modifications are critical.
  • Failure to provide complete identifying information or to properly serve the Notice of Registration on the other parent can delay or derail confirmation.
  • If the child is physically present in North Carolina and faces abandonment or mistreatment, a party may seek temporary emergency orders under § 50A-204 even while registration or interstate communication between courts is pending.
  • Assuming that a “transfer” automatically moves the entire case can be risky; without registration or clear orders from both courts, enforcement authority may remain unclear until a North Carolina case is properly opened.

Conclusion

When a custody case is said to be transferred to a new jurisdiction but the receiving court cannot locate the file, North Carolina law allows the existing custody order to be treated as a foreign order and registered in a North Carolina district court. If the order is valid and properly registered, and the other parent does not successfully contest registration within the short statutory window, it becomes enforceable here like any North Carolina custody judgment. The practical next step is to obtain a certified copy of the existing custody order and file a petition to register it in the appropriate North Carolina county, then pursue enforcement in that case.

Talk to a Family Law Attorney

If a prior custody order exists but the “transferred” case has gone missing and enforcement is stalled, our firm has experienced attorneys who can help clarify jurisdiction, register the order, and seek enforcement in North Carolina. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.