![]() Once a court acquires jurisdiction over an action, it retains it throughout the proceeding. 1, 11 (1958).Īccording to the court, “urisdiction is not a light bulb which can be turned off or on during the course of a trial. “(O)nce jurisdiction of a court attaches it exists for all time until the cause is fully and completely determined.” ![]() The North Carolina Supreme Court explained in In re Peoples, 296 N.C. Once the court acquires jurisdiction, the court keeps it until the matter is finally resolved See Gerhauser (determination made at time motion to modify was filed by father). In a custody matter, that means at the time a complaint seeking custody is filed or at the time a motion to modify is filed. The determination of whether a court has subject matter jurisdiction in a particular case is determined at the time the case is initiated. The provisions in NC Chapter 50A, the Uniform Child Custody and Jurisdiction and Enforcement Act, define the subject matter jurisdiction of the North Carolina courts relating to child custody matters. Subject matter jurisdiction is determined at the time an action is initiated 50A-207, but unless the court determines it is appropriate to stay the North Carolina proceeding pursuant to the inconvenient forum statute, the custody claim must be tried in North Carolina. The court may consider whether another state is a more convenient forum pursuant to G.S. The North Carolina court continues to have jurisdiction. ![]() When mom requests a trial date for entry of a permanent order, dad files a motion to dismiss the case for lack of jurisdiction because mom, the child and dad all now reside in other states. Temporary orders are entered in the case and a couple of years go by without a permanent order being entered. Suppose mother files an action for custody when North Carolina is the home state of the child and mother and father both reside in North Carolina.
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