Family Law – Case Law Wire

North Carolina domestic-violence Family Law

North Carolina Court of Appeals

Zubchevich v. Zubchevich — Grabbing Child by Neck to Place in Car Seat Constitutes ‘Intentionally Causing Bodily Injury’ Under NC Domestic Violence Statute

/ July 17, 2026

The North Carolina Court of Appeals affirmed a Domestic Violence Protective Order entered against a father who grabbed his seven-year-old son by the neck and hip and carried him to his car seat, causing the child to feel dizzy, experience difficulty breathing, and turn red in the face. A 2–1 majority held that competent evidence supported the finding of “intentionally causing bodily injury” under N.C. Gen. Stat. § 50B-1(a)(1) even absent a visible mark. The court also held that minor children have standing to seek DVPOs against parents through a Guardian ad litem. Judge Wood dissented, arguing that routine parental discipline without lasting injury cannot constitute domestic violence.

North Carolina Family Law Juvenile Law Parental Rights

North Carolina Court of Appeals

Uncategorized

In re: J.Q. — Trial Court Lacked Authority to Cease Reunification Efforts at Review Hearing; Permanency Planning Hearing Required

/ June 20, 2026

The North Carolina Court of Appeals vacated an order ceasing a mother’s reunification efforts because the trial court entered that order at a review hearing rather than a permanency planning hearing, holding that N.C.G.S. § 7B-906.1(d1) does not authorize courts to cease reunification at review hearings—that authority belongs exclusively to permanency planning hearings under § 7B-906.2(b)—while also cautioning that missed 30-day permanency planning hearing deadlines must be challenged by writ of mandamus, not appeal.

North Carolina Family Law Juvenile Law

North Carolina Court of Appeals

Uncategorized

In re: J.E.S., P.K.S., P.E.S. — Termination of Parental Rights Affirmed Where Psychological Evaluation Shows Persistent Incapacity and Prior History Predicts Future Neglect

/ June 9, 2026

The North Carolina Court of Appeals affirmed termination of parental rights on neglect grounds as to three children removed after a nighttime car accident left two infants with traumatic brain injuries, holding that the mother’s extensive CPS history, prior criminal conviction for a child’s death, psychological diagnosis showing parenting incapacity, and continued unsafe conduct during supervised visits established the likelihood of future neglect required by N.C. Gen. Stat. § 7B-1111(a)(1).

North Carolina Family Law

North Carolina Court of Appeals

Uncategorized

Raburn v. Cook — Trial Court Has Discretion to Award Primary Custody to One Fit Parent Without Finding the Other Unfit

/ June 9, 2026

The North Carolina Court of Appeals affirmed a custody modification that maintained primary physical custody with the mother during the school year and equal summer custody, holding that a trial court has broad discretion to award primary custody to one fit parent without finding the other unfit, and that findings linking communication difficulties and the children’s need for a stable school-year routine rationally supported the arrangement.