My question involves court procedures for the state of: North Carolina
My question involves court procedures for the state of: North Carolina
First I should say that I am a resident of Florida, though my case is a NC case. I am involved in a custody modification proceeding initiated by my Ex for changes she made in the lives of our children since our divorce (School, address relocation, etc.). I was properly served and appeared in August 2016 to the custody modification hearing. I also filed a response and additionally filed my own show cause motion for violations to our previous child custody agreement.
At the conclusion of the hearing in August the judge issued a temporary order and held an advisory hearing for my Ex regarding my motion to show cause, also appointing counsel to my Ex. The Show Cause was set for Nov 15, 2016. During this process and between temporary orders, my hearing for show cause and the like, her attorney filed 2 other motions in the days following the hearing in August. 1 motion for me to pay his fees and another to reallocate dependency exemptions for an agreement made during the divorce 4 years ago. He set these on the calendar for the same date as my show cause motion, Nov 15, 2016.
I was never served a summons, but I did have email exchanges briefly with my Ex's attorneys (2 separate, 1 for show cause and the other for his fees) discussing the potential to drop my show cause if my Ex would drop her claim for fees. Keep in mind I still had not been served a summons but was informed verbal through the email conversations that he had filed these motions.
I did not appear for my show cause as I was unable to afford the trip and was unable to get time off from work. My Ex was however technically found in contempt for her actions based on the previous court record and testimony (Modification hearing in August 2016). In addition, the other motions went forward and I was ordered to pay her attorney's fees and the re-allocation of exemptions was granted.
My question: Since NC Law requires that I be served and that proof of service be filed with the affidavit, can I ask that these orders be vacated and all subsequent orders? Rule 60b(4) Void Order? There is a verification affidavit in the court file but no proof was filed... delivery confirmation, return receipt, certified, etc. - nothing; and I received nothing.
Later, after the first of the year (March I think) I filed a motion to vacate and we went before a different judge. She denied my motion to vacate citing that she believed I knew about the hearing and the new actions against me??? This judge and I have negative history... Just because I knew from conversation, shouldn't the rules of civil procedure be honored as I never received a summons? I have follow-up questions but will leave it here for now.
My question involves court procedures for the state of: North Carolina
First I should say that I am a resident of Florida, though my case is a NC case. I am involved in a custody modification proceeding initiated by my Ex for changes she made in the lives of our children since our divorce (School, address relocation, etc.). I was properly served and appeared in August 2016 to the custody modification hearing. I also filed a response and additionally filed my own show cause motion for violations to our previous child custody agreement.
At the conclusion of the hearing in August the judge issued a temporary order and held an advisory hearing for my Ex regarding my motion to show cause, also appointing counsel to my Ex. The Show Cause was set for Nov 15, 2016. During this process and between temporary orders, my hearing for show cause and the like, her attorney filed 2 other motions in the days following the hearing in August. 1 motion for me to pay his fees and another to reallocate dependency exemptions for an agreement made during the divorce 4 years ago. He set these on the calendar for the same date as my show cause motion, Nov 15, 2016.
I was never served a summons, but I did have email exchanges briefly with my Ex's attorneys (2 separate, 1 for show cause and the other for his fees) discussing the potential to drop my show cause if my Ex would drop her claim for fees. Keep in mind I still had not been served a summons but was informed verbal through the email conversations that he had filed these motions.
I did not appear for my show cause as I was unable to afford the trip and was unable to get time off from work. My Ex was however technically found in contempt for her actions based on the previous court record and testimony (Modification hearing in August 2016). In addition, the other motions went forward and I was ordered to pay her attorney's fees and the re-allocation of exemptions was granted.
My question: Since NC Law requires that I be served and that proof of service be filed with the affidavit, can I ask that these orders be vacated and all subsequent orders? Rule 60b(4) Void Order? There is a verification affidavit in the court file but no proof was filed... delivery confirmation, return receipt, certified, etc. - nothing; and I received nothing.
Later, after the first of the year (March I think) I filed a motion to vacate and we went before a different judge. She denied my motion to vacate citing that she believed I knew about the hearing and the new actions against me??? This judge and I have negative history... Just because I knew from conversation, shouldn't the rules of civil procedure be honored as I never received a summons? I have follow-up questions but will leave it here for now.
Service of Process: Can I Have Court Orders Vacated Due to No Service of Process
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