North Carolina § 50-13 - 3. Enforcement of order for custody.

§ 50-13. 3. Enforcement of order for custody.

An order providing for the custody of a minor child is enforceable by proceedings for civil contempt, and its disobedience may be punished by proceedings for criminal contempt, as provided in Chapter 5A, Contempt, of the General Statutes. Any court of this State having jurisdiction to make an award of custody of a minor child in an action or proceeding therefor, shall have the power of injunction in such action or proceeding as provided in Article 37 of Chapter 1 of the General Statutes and G.S. 1A-1, Rule 65. Notwithstanding subsections (a) and (b) of this section, a warrant to take physical custody of a child issued by a court pursuant to G.S. 50A-311 is enforceable throughout this State. Notwithstanding the provisions of G.S. 1-294 , an order pertaining to child custody which has been appealed to the appellate division is enforceable in the trial court by proceedings for civil contempt during the pendency of the appeal. Upon motion of an aggrieved party, the court of the appellate division in which the appeal is pending may stay any order for civil contempt entered for child custody until the appeal is decided, if justice requires. History (1967, c. 1153, s. 2; 1969, c. 895, s. 16; 1977, c. 711, s. 26; 1983, c. 530, s. 2; 2017-22, s. 1.) Editor's Note. - Session Laws 2017-22, s. 4, made subsection (c) of this section, as added by Session Laws 2017-22, s. 1, effective October 1, 2017, and applicable to orders for temporary custody on or after that date. Effect of Amendments. - Session Laws 2017-22, s. 1, added subsection (c). For effective date and applicability, see editor's note.