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NC S476
Bill
AI Summary
Senate Bill 476 Summary
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Amends Rule 53 of North Carolina Rules of Civil Procedure to permit consensual reference (assignment to a referee) in family law matters including alimony, child custody, child support, equitable distribution, and associated attorney fees.
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Prohibits reference in cases involving annulment, absolute divorce, or divorce from bed and board, regardless of party consent.
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Adds compulsory reference option for family law cases where parties cannot agree on referee, requiring the court to determine the case involves complicated issues of fact and the parties can afford referee costs; movant must consent to pay all costs if parties don't consent to shared costs.
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Requires parties to complete mandatory child custody mediation before child custody issues can be referred and does not impact the court's authority to appoint parenting coordinators.
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Becomes effective December 1, 2023, and applies to all orders for reference entered on or after that date.
Legislative Description
Civ. Pro./Amend Rule 53 Reference Procedure
Child Custody; Child Support; Civil Procedure; Courts; Divorce; Equitable Distribution; Marriage & Civil Unions; Minors; Public;
Last Action
Ref To Com On Rules and Operations of the Senate
4/4/2023