Can I ask the court to reopen or set aside orders if I think the other side filed false or fraudulent paperwork? – North Carolina

Short Answer

Yes. In North Carolina family court, a party can ask the court to set aside or reopen certain orders if fraud affected the result, or if the order is void because the court lacked jurisdiction (often tied to improper service). The right approach depends on what kind of order it is and whether the alleged fraud kept a party from fully participating in the case. Timing matters, and some situations have strict deadlines.

Understanding the Problem

In a North Carolina family law case, can a parent ask the district court to reopen or set aside an existing order when the other side allegedly filed false paperwork, and the process felt unfair (for example, closed hearings, lack of proper service, or irregular handling by the court)? The decision point is whether the problem is (a) fraud that affected the court’s decision, or (b) a basic validity problem such as lack of proper notice or lack of jurisdiction that makes the order void. The answer also depends on what order is being challenged and when the issue was discovered.

Apply the Law

North Carolina courts allow post-order relief in limited situations. A common tool is a motion asking the court for relief from an order based on specific grounds such as fraud or a void judgment. North Carolina courts also draw an important line between fraud that prevented a fair chance to participate in the case (more likely to support reopening) and fraud that was part of the evidence presented at the hearing (less likely to support reopening once the case is final). Separately, if the order is void because the court never got jurisdiction (often because service was not done correctly), the order can be attacked even long after entry.

Key Requirements

Correct ground for relief: The request must fit a recognized basis to set aside an order (for example, fraud that kept a party from presenting their case, or a void order due to lack of jurisdiction).
Proof that the problem mattered: The motion should explain how the false filing or procedural defect affected notice, participation, or the outcome, not just that something untrue was filed.
Proper procedure and timing: The motion must be filed in the same case file and served correctly. Some types of relief have strict time limits, while a challenge to a void order can be raised later.

What the Statutes Say

N.C. Gen. Stat. § 110-132 (Affidavit of parentage; motion to set aside) – Allows a court to set aside an affidavit of parentage in specific circumstances, including fraud, with genetic testing requirements and service requirements described in the statute.
N.C. Gen. Stat. § 14-221.2 (Altering court documents) – Makes intentional, unauthorized material alteration of official case records a felony; this can matter when evaluating allegations about tampered filings, but it is separate from the civil process to set aside an order.

Analysis

Apply the Rule to the Facts: The facts described include alleged fraudulent filings, closed hearings, and lack of proper service in a long-running child-related dispute. If the alleged false paperwork or procedural irregularities kept a parent from receiving notice or from having a fair chance to appear and present evidence, that type of fraud is more likely to support a motion to set aside than claims that the other side merely lied in court filings. If service was not done correctly and the court entered an order anyway, the argument may shift from “fraud” to “the order is void,” which is treated differently and can be raised later.

Process & Timing

Who files: The party asking to reopen or set aside the order. Where: The Clerk of Superior Court for the county where the family case is filed, in District Court (family court). What: A written motion for relief from the order (often called a motion to set aside), supported by sworn statements (affidavits) and any available records showing the fraud or service problem. When: As soon as the issue is discovered; some grounds have strict deadlines, while a motion claiming the order is void can be brought later.
Serve the motion correctly: The moving party must serve the other side using the method required by the North Carolina Rules of Civil Procedure and any local rules. If the issue involves lack of service for the original order, the motion should clearly explain what was missing and include supporting proof.
Hearing and ruling: The court typically sets a hearing date. The judge may deny the motion, set aside the order, or set aside part of it and schedule further proceedings. If the motion is granted, the case may return to the stage where the affected decision gets re-heard with proper notice and a chance to be heard.

Exceptions & Pitfalls

“Fraud” is not one-size-fits-all: North Carolina courts treat fraud that blocks participation (for example, deception that prevents notice or a chance to be heard) differently from fraud that is simply false evidence presented at a hearing. Claims based only on perjury or forged exhibits are often harder to use to reopen a final order after the time for appeal has passed.
Rule 60 is not a second appeal: If the real complaint is that the judge made the wrong decision based on the evidence, the usual remedy is a timely appeal, not a motion to set aside.
Service problems must be proven: Allegations of improper service should be backed up with concrete details (how service was supposedly done, why it did not comply, and what notice was actually received). A void-order argument generally depends on jurisdiction and proper notice, not just unfairness.
Order type matters: Some family-related determinations have specific statutory pathways. For example, setting aside an affidavit of parentage has its own statutory requirements, including service requirements and genetic testing conditions.
Criminal conduct vs. civil relief: Even if conduct could violate a criminal statute about altering court records, the family court still requires a proper civil motion with admissible proof to set aside an order.

Conclusion

North Carolina courts can reopen or set aside certain family court orders when fraud affected the fairness of the process or when the order is void because the court lacked jurisdiction, often due to improper service. The motion must identify a recognized ground for relief and explain how the problem affected notice, participation, or the court’s authority to enter the order. The most important next step is to file a written motion to set aside in the same case with the Clerk of Superior Court as soon as the issue is discovered.

Talk to a Family Law Attorney

If a parent is dealing with concerns about false filings, improper service, or an order that may not be valid in a North Carolina custody or support case, our firm has experienced attorneys who can help explain options, proof needed, and timelines. 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.