If we reach an agreement, how can we turn it into a court order that can be enforced? – North Carolina

Short Answer

In North Carolina, parents usually turn an agreement into an enforceable court order by filing a custody case in District Court and asking the judge to sign the agreement as a written consent custody order. Once the judge signs and it is filed with the Clerk of Superior Court, it becomes a court order and can be enforced (including through contempt) if someone does not follow it. A private parenting plan that is only “filed” outside a custody case is often not enforceable the same way as a signed court order.

Understanding the Problem

In North Carolina child custody matters, the key question is whether parents who already agree on a parenting plan can have that agreement entered by a District Court judge as an order that the court can enforce. The decision point is whether the agreement is currently a court “custody order” (signed by a judge in a custody case) or only a private agreement that was filed or exchanged outside of court. If the agreement is not a court order, the usual goal is to convert the agreed terms into a consent order that can be enforced through the court system.

Apply the Law

North Carolina courts can enforce a child custody order through contempt when a parent disobeys the order. That enforcement power generally applies to an actual court order (including a consent order signed by a judge), not merely a private parenting agreement. To get an enforceable order, the parties typically must have a custody action on file in District Court and submit a proposed consent order for the judge to review and sign. The Clerk of Superior Court then files the signed order in the case file.

Key Requirements

  • A pending custody case in the right forum: A custody action is typically filed in the District Court Division of the North Carolina General Court of Justice, with the Clerk of Superior Court handling filing and case records.
  • A written agreement presented as a proposed consent order: The agreement is reduced to a clean, complete proposed order (often called a “consent order”) that clearly states custody and visitation terms so the court can enforce them.
  • Judge’s signature and entry: The agreement becomes enforceable as a court order only after a judge signs it and it is entered/filed in the court record.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the parents previously signed a parenting plan that was filed outside of court in a jurisdiction, but it was not entered as a North Carolina custody court order. Under North Carolina practice, that usually means the plan may not be enforceable through contempt the way a signed custody order is. If the parents still agree, the practical path is to open (or use an existing) custody case in North Carolina District Court and submit the agreed terms as a proposed consent custody order for a judge to sign and the clerk to enter.

For example, if one parent later refuses to follow the schedule, a judge-signed consent order can be enforced through contempt proceedings under North Carolina law. By contrast, a private agreement often requires first getting an order entered before the court can use contempt remedies tied to custody orders.

Process & Timing

  1. Who files: Either parent (often through counsel), or both parents through a joint approach depending on local practice. Where: North Carolina District Court (filed through the Clerk of Superior Court) in the county with proper venue for the child/parents. What: A custody complaint (to open the case, if none exists) and a proposed consent custody order reflecting the agreement; local cover sheets and service documents may also be required. When: As soon as the agreement is reached, especially if enforceability is important.
  2. Judge review and signature: The proposed consent order is submitted for judicial review. Some counties require the parties (or attorneys) to calendar a brief hearing; others allow submission without a hearing if the paperwork is complete. Timing varies by county and judge availability.
  3. Entry and copies: Once signed, the order is filed/entered in the case record by the clerk. Certified copies can be requested if needed for schools, childcare, or other institutions.

Exceptions & Pitfalls

  • Not every “filed” parenting plan is a court order: A document can be signed and even stored somewhere, but if it was not entered as a judge-signed custody order in a custody case, enforcement options may be limited.
  • Unclear terms are hard to enforce: Vague language (pickup times, holiday rotations, transportation, decision-making) can make contempt enforcement difficult. Clear, specific terms reduce future conflict.
  • Out-of-state orders are a different process: If there is an existing custody order from another state, enforcement in North Carolina may involve registration and UCCJEA procedures rather than “turning an agreement into” a new North Carolina order.
  • Local rules and judge preferences: Counties can differ on formatting, required attachments, and whether a hearing is needed for entry of a consent order.

For more on the difference between a private parenting plan and an enforceable custody order, see a parenting plan that was filed by agreement but is not a court custody order.

Conclusion

In North Carolina, the usual way to make a parenting agreement enforceable is to have it entered as a judge-signed consent custody order in District Court and filed by the Clerk of Superior Court. Once entered, a custody order can be enforced through contempt under N.C. Gen. Stat. § 50-13.3. The key next step is to file (or use) a custody case and submit a proposed consent order for the judge’s signature as soon as the agreement is finalized.

Talk to a Family Law Attorney

If you’re dealing with a parenting agreement that needs to be turned into an enforceable North Carolina court order, our firm has experienced attorneys who can help explain the steps, paperwork, and local timing. Call us today at [CONTACT NUMBER].

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.