Feb92026
Family Law Q&A Series

What can I do if the other parent took our child out of state without my agreement and now won’t tell me where the child is? – North Carolina

Short Answer

In North Carolina, the fastest legal options usually involve asking the court to enforce the existing custody order and, when safety or flight risk is present, requesting emergency relief that can include law enforcement assistance. A custody order can be enforced through contempt, and North Carolina’s UCCJEA enforcement process can be used to seek an expedited hearing and an order requiring the child’s return. If the facts suggest the child was taken out of North Carolina to violate a custody order, there may also be a criminal option to report to law enforcement.

Understanding the Problem

In North Carolina custody cases, the key question is what can be done when one parent removes a child from North Carolina without agreement and then refuses to disclose the child’s location, despite an existing custody order. The issue usually turns on whether there is a valid custody order that sets custody and parenting time, and whether the other parent’s conduct violates that order. The immediate goal is often to get a court order that compels disclosure of the child’s location and enforces the custody terms, while also addressing any urgent safety concerns and preventing further concealment or relocation.

Apply the Law

North Carolina courts can enforce custody orders through contempt and related enforcement tools. North Carolina also follows the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), which provides a structured, expedited process to enforce custody determinations and can include orders requiring a parent to appear with the child, court-ordered law enforcement assistance, and (in limited emergency situations) a warrant to take physical custody of the child. Separately, North Carolina law makes it a felony to take or keep a child outside North Carolina with the intent to violate a custody order.

Key Requirements

  • There is an enforceable custody order: Enforcement tools work best when there is a clear written order (for example, joint legal custody with specific parenting time and phone contact terms).
  • The other parent is not following the order: Common violations include withholding the child, refusing court-ordered phone contact, failing to provide required contact information, or relocating in a way that defeats the schedule.
  • The requested remedy matches the risk: Standard enforcement may involve contempt and make-up time; urgent situations may justify expedited UCCJEA enforcement and, in narrow cases, a warrant to take physical custody if serious harm or further removal is imminent.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an existing custody order with joint legal custody and supervised parenting time, along with allegations that the other parent has missed visits, stopped court-ordered phone contact, and refuses to provide an address or respond. Those allegations fit common custody-order violations that North Carolina courts can address through enforcement (including contempt) and, depending on risk, expedited UCCJEA enforcement. If the child was taken out of North Carolina to defeat the custody order and the other parent is concealing the child’s location, that can also support asking the court for stronger immediate relief and may justify a report to law enforcement under the criminal statute.

Process & Timing

  1. Who files: The parent seeking enforcement (the “moving party”). Where: Typically North Carolina District Court in the county where the custody case is filed (or where jurisdiction is proper). What: A motion to enforce the custody order (often through a contempt/show-cause request) and/or a verified UCCJEA enforcement petition requesting expedited relief and, if appropriate, law enforcement assistance. When: File as soon as the violation is clear; delay can make location and enforcement harder.
  2. Expedited enforcement hearing: In a UCCJEA enforcement case, the court is required to set a prompt hearing—generally the next judicial day after service if possible, or the first judicial day possible if not. The court can order the other parent to appear (with or without the child) and can enter safety-focused orders to stabilize the situation.
  3. Enforcement orders and follow-through: If the court finds a violation, it can enter enforcement relief (including contempt remedies) and may grant additional relief such as requesting law enforcement assistance. If the situation meets the statutory threshold for imminent serious physical harm or imminent removal, a warrant to take physical custody may be requested as part of the UCCJEA enforcement process.

Exceptions & Pitfalls

  • Trying to “self-help” the return: Attempting to retrieve the child without a court order can create safety risks and can backfire in court. A court-filed enforcement approach usually creates clearer, enforceable boundaries.
  • Not using the right enforcement tool: Contempt is often appropriate for missed visits and blocked calls, but concealment and out-of-state removal may call for UCCJEA expedited enforcement and specific requests (appearance with the child, disclosure of location, law enforcement assistance).
  • Service and notice problems: Enforcement depends on proper service. If the other parent is hiding, counsel often focuses early on locating information, service options allowed by the court, and building a record of attempted contact and violations.
  • Assuming police can “enforce custody” without the right paperwork: Law enforcement responses vary. Court orders that specifically authorize assistance, or UCCJEA enforcement orders, are often more effective than informal requests.
  • Mixing up safety emergencies with custody disputes: If there is a credible threat of abuse, abandonment, or immediate danger, emergency procedures may apply. For more on how North Carolina courts view emergencies, see what qualifies as emergency custody.

Conclusion

When a parent takes a child out of state and refuses to disclose the child’s location, North Carolina law generally allows enforcement of the custody order through contempt and, when needed, expedited UCCJEA enforcement that can include orders to appear and law enforcement assistance. If the child was taken or kept out of North Carolina to violate a custody order, criminal reporting may also be an option. The most practical next step is to file an enforcement action in the North Carolina District Court that issued (or can enforce) the custody order as soon as possible.

Talk to a Family Law Attorney

If a parent has taken a child out of state and is refusing to share the child’s location or follow a custody order, our firm has experienced attorneys who can help explain enforcement options and timelines under North Carolina law. 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: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.