Hurricane Florence “Flo”

Hurricane Florence — Child Custody & Visitation

Clients have called to inquire about their duties and responsibilities with respect to child custody during Hurricane Florence.

While it is true that individuals are required to comply with child custody and visitation court orders and that if you don’t allow visitation or get your

visitation then the other party could file a motion to hold the non-complying parent in contempt of court, it is unlikely that a Court will hold you in contempt if you are acting reasonably during an emergency and acting in the best interests of the minor child.

Take Reasonable Necessary Precautions (That May Even Mean Violating a Court Order on Visitation)

We advise our clients to take any and all reasonable necessary precautions to protect the safety and security of minor children during Hurricane Florence.  Because local emergency management officials recommend evacuation, it would be reasonable that this may include travel outside of New Hanover, Brunswick, and the surrounding counties.

If this means that visitation will be blocked for the limited time of the emergency, hopefully the other parent will understand. If not and the opposing party files a motion to hold you in contempt, we will deal with it as appropriate.  We seriously doubt any judge will hold you in contempt if you act with REASON and COMMON SENSE.

Notify the Other Parent

It is important that you communicate where you and the minor child(ren) will be with the other parent.  If there is a no-contact order or restraining order which bars such communication, use a third party to let the other parent know that you and the child(ren) are safe and your location.

The key here is that your child(ren) is/are safe – NOT that you or the other parent gets your/their time under the Court Order with the child(ren).

Our office will likely be closed Thursday and Friday 9/13/2018 and 9/14/2018.  However, we will monitor emails and direct phone calls as much as possible.