§ 50A-206. Simultaneous proceedings. - North Carolina Statutes

§50A‑206.  Simultaneous proceedings.

(a)        Except as otherwiseprovided in G.S. 50A‑204, a court of this State may not exercise itsjurisdiction under this Part if, at the time of the commencement of theproceeding, a proceeding concerning the custody of the child has been commencedin a court of another state having jurisdiction substantially in conformitywith this Article, unless the proceeding has been terminated or is stayed bythe court of the other state because a court of this State is a more convenientforum under G.S. 50A‑207.

(b)        Except as otherwiseprovided in G.S. 50A‑204, a court of this State, before hearing a child‑custodyproceeding, shall examine the court documents and other information supplied bythe parties pursuant to G.S. 50A‑209. If the court determines that achild‑custody proceeding has been commenced in a court in another statehaving jurisdiction substantially in accordance with this Article, the court ofthis State shall stay its proceeding and communicate with the court of the otherstate. If the court of the state having jurisdiction substantially inaccordance with this Article does not determine that the court of this State isa more appropriate forum, the court of this State shall dismiss the proceeding.

(c)        In a proceeding tomodify a child‑custody determination, a court of this State shalldetermine whether a proceeding to enforce the determination has been commencedin another state. If a proceeding to enforce a child‑custodydetermination has been commenced in another state, the court may:

(1)        Stay the proceedingfor modification pending the entry of an order of a court of the other stateenforcing, staying, denying, or dismissing the proceeding for enforcement;

(2)        Enjoin the partiesfrom continuing with the proceeding for enforcement; or

(3)        Proceed with themodification under conditions it considers appropriate. (1979,c. 110, s. 1; 1999‑223, s. 3.)