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North Carolina Warrant Directing Law Enforcement to Take Immediate Physical Custody of Child(ren) Subject to Foreign Child Custody Order

State:
North Carolina
Control #:
NC-CV-667
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PDF
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Warrant Directing Law Enforcement to Take Immediate Physical Custody of Child(ren) Subject to Foreign Child Custody Order

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FAQ

The police will not immediately get involved in enforcing a court order relating to children if they are with someone with parental responsibility, even if you make allegations of abuse. The correct procedure should you wish to make allegations of abuse is to make an emergency (same day) application to the courts.

Never talk (or let someone else talk) about visitation with or in front of the child. Never talk (or let someone else talk) about child support with or in front of the child. Never complain about money in front of the child.

The first thing that happens to a suspect on arrest is that he is taken into police custody, following which he is taken before a magistrate and he may either be remanded to judicial custody or be sent back into police custody. He may also gain temporary relief by posting bail.

A person considered in police custody is someone arrested or under some form of suspicion that does submit to the authority of a law enforcement officer. The courts will consider the circumstances of the arrest and custody when looking at the situation and to determine if the interview process was valid.

If one parent does not follow the custody and visitation court order.File an action for contempt with the court. In contempt actions, you ask the court to enforce the order and make a finding that the other parent willfully disobeyed the court order. This is very complicated and can have serious consequences.

Police will detain arrested person in police lock-up and interrogate him to collect necessary information. In judicial custody, Magistrate will have the custody of the arrested person and he will be sent to jail. During this custody, police can interrogate the arrested person only after the permission of Magistrate.

Family Lore Unfortunately, it is not at all unusual for the police to become involved in contact disputes, especially where there are problems when the children are (or are supposed to be) handed over from one parent to the other.The simple answer is that the police will not want to get involved in this way.

Someone who is in custody or has been taken into custody has been arrested and is being kept in prison until they can be tried in a court.

Orders for parenting time carry the same court authority and therefore are technically enforceable by the police.In many cases, police officers might be unwilling to get involved in a family law dispute unless the conduct rises to a criminal infraction (i.e. child abuse or parental kidnapping).

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North Carolina Warrant Directing Law Enforcement to Take Immediate Physical Custody of Child(ren) Subject to Foreign Child Custody Order