HomeMy WebLinkAbout04-1475NORTH CAROLINA
ROWAN COUNTY
ROBIN LYNN SELBE,
~ecl~., ¢ e~&,,fi, '°~lmntif~'
VS.
BARRY GLENN SELBE,
h~D,,,,m~ ~,u, Defendant.
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION_
FILE NO. 97 CVD 677
EX PARTE CUSTODY ORDER
THIS CAUSE coming on to be heard and being heard ex parte before the undersigned Judge
presiding at the April 6, 2004 civil non-jury session of the District Court for Rowan County, North
Carolina, and it appearing to the Court that this is an action concerning custody; that the Court
FINDS AS A FACT that the minor child, RACHEL LYNN SELBE, bom September 13, 1991, is the
subject of this action; that North Carolina was the home state of the minor child within the meaning
of N.C.G.S. {} 50A-102 at the time of the connnencement o£this action; that North Carolina has
temporary emergency jurisdiction as North Carolina is the issuing state and Rowan County is the
issuing court in which there was an initial determination of custody concerning the child herein; and
it appears that the entry of this Order is necessary' in aaa emergency to protect the child based on the
allegations of substantial risk to the child of injury or mistreatment or abuse or abduction as
complained of in the defendant's pleadings; that the defendant has filed verified pleadings from
which the Court CONCLUDES AS A MATTER OF LAW there exist facts justifying this Court to
assume jurisdiction over the minor child for a custody determination; it further appearing that the
circumstances of this case render it appropriate for the Court to enter an Order for the temporary
custody of the minor child; and the Court in its discretion enters this Order;
Based upon the above FINDiNGS OF FACT and CONCLUSIONS OF LAW} IT IS
THEREFORE, ORDERED, ADJUDGED, AND DECREED:
1. That temporary custody of the minor child RACHEL LYNN SELBE, bom September 13,
1991, is hereby awarded to the defendant Barry Glenn Selbe pending service of process and the
hearing of this cause on its merits.
2. That this matter shall be heard to decide whether to continue this temporary Order at 9:30
a.m. on April ~ ,2004, or as soon thereafter as the matter may be heard.
3. That a copy of the Order shall be served on the plaintiff, and the plaintiffshall not remove
the minor child from the defendant's custody pending the hearing of this cause on its merits.
4. That any law enforcement official having jurisdiction where the child may be present be
directed to render assistance in the enforcement of this Order pending a hearing on the merits and to
assist in returning the child to the defendant.
Entered in open Court this the ~ day of April, 2004.
DISTRICT COURT JUDGE PRESIDiNG