§ 50A-209. Information to be submitted to court. - North Carolina Statutes

§50A‑209.  Information to be submitted to court.

(a)        In a child‑custodyproceeding, each party, in its first pleading or in an attached affidavit,shall give information, if reasonably ascertainable, under oath as to thechild's present address or whereabouts, the places where the child has livedduring the last five years, and the names and present addresses of the personswith whom the child has lived during that period. The pleading or affidavitmust state whether the party:

(1)        Has participated, asa party or witness or in any other capacity, in any other proceeding concerningthe custody of or visitation with the child and, if so, the pleading oraffidavit shall identify the court, the case number, and the date of the child‑custodydetermination, if any;

(2)        Knows of anyproceeding that could affect the current proceeding, including proceedings forenforcement and proceedings relating to domestic violence, protective orders,termination of parental rights, and adoptions and, if so, the pleading or affidavitshall identify the court, the case number, and the nature of the proceeding;and

(3)        Knows the names andaddresses of any person not a party to the proceeding who has physical custodyof the child or claims rights of legal custody or physical custody of, orvisitation with, the child and, if so, the names and addresses of thosepersons.

(b)        If the informationrequired by subdivisions (a) is not furnished, the court, upon motion of aparty or its own motion, may stay the proceeding until the information isfurnished.

(c)        If the declarationas to any of the items described in subdivisions (a)(1) through (3) is in theaffirmative, the declarant shall give additional information under oath asrequired by the court. The court may examine the parties under oath as todetails of the information furnished and other matters pertinent to the court'sjurisdiction and the disposition of the case.

(d)        Each party has acontinuing duty to inform the court of any proceeding in this or any otherstate that could affect the current proceeding.

(e)        If a party allegesin an affidavit or a pleading under oath that the health, safety, or liberty ofa party or child would be jeopardized by disclosure of identifying information,the information must be sealed and may not be disclosed to the other party orthe public unless the court orders the disclosure to be made after a hearing inwhich the court takes into consideration the health, safety, or liberty of theparty or child and determines that the disclosure is in the interest ofjustice. (1979, c. 110, s. 1; 1999‑223, s. 3.)