QUESTION
Can she make a frivolous complaint against me if I do not show up?
Asked on Feb 13th, 2012 on Child Custody - North Carolina
More details to this question:
My kids' mother demands me to meet her in person for a conversation. She refuses to tell me what is going on concerning our kid. She says it's a safety issue. Although she calls me up later to ask advice on parenting but refuses to tell me what safety issue concern she has until I meet her in public. I do not trust her and a simple phone call would suffice. She has threatened legal action if I do not meet her in public somewhere. What can I do? What can she do? Is she allowed to make a frivolous complaint against me if I do not do what she says?
1 ANSWER
2 Awards
I'm not exactly sure what complaints your wife it threatening to make about you by your question. In North Carolina for custody cases the judge applies what is known as the best interest of the child standard. For other claims such as domestic violence a spouse, former spouse, or parent of a child can take out a complaint against the other parent. If this is done ex parte, without the other party present, the judge will set a hearing on within 10 days. At the hearing both parties can put on witness and provide the court with evidence in order for the judge to determine whether the claims meet the standard for a domestic violence protective order.
Answered on Feb 29th, 2012 at 4:09 AM