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When navigating the complexities of family law in North Carolina, understanding the procedural tools available can significantly ease the journey. One such tool is the North Carolina 21 form, a vital document designed for parties seeking an exemption from mandatory mediation and the Parenting Apart Program. This form serves as a formal request to the court, allowing individuals to present specific reasons why they believe mediation may not be appropriate in their case. Common grounds for exemption include the agreement to pursue private mediation, significant distance from the court, or serious concerns such as allegations of abuse, neglect, or substance issues. Each reason must be clearly articulated, ensuring that the court understands the unique circumstances surrounding the request. Completing the North Carolina 21 form accurately is crucial, as it not only reflects the parties' intentions but also sets the stage for how custody and visitation matters will be addressed moving forward. In this article, we will explore the key elements of the North Carolina 21 form, its implications, and the process involved in submitting it to the court.
Sample - North Carolina 21 Form
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Form # 21 |
NORTH CAROLINA |
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IN THE GENERAL COURT OF JUSTICE |
UNION COUNTY |
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DISTRICT COURT DIVISION |
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File No. |
______________________________ |
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Plaintiff |
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MOTION FOR EXEMPTION |
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FROM MEDIATION AND THE |
vs. |
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PARENTING APART PROGRAM |
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______________________________ |
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Defendant |
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Pursuant to G.S.
1. The parties have agreed to voluntary private mediation.
2. The party resides more than 75 miles from the court. City & State:
__________________________________________________________________________
3. There are allegations of abuse or neglect of the minor child.
4. There are allegations of alcoholism, drug abuse, or domestic violence.
5. There are allegations of severe psychological, psychiatric or emotional problems.
6. Other good cause
The facts upon which this request for waiver is based are as follows (must be completed):
This is the _______day of __________________ , 20____.
__________________________ |
______________________________ |
Date |
Signature of Filing Party |
Copy to:
Plaintiff or Plaintiff’s Attorney Defendant or Defendant’s Attorney
Custody Mediator Case Manager
Original shall be filed with the Clerk’s Office. Copy given to Mediator and Family Court Case Manager
File Breakdown
| Fact Name | Details |
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| Form Purpose | The North Carolina 21 form is a legal document used to request an exemption from mandatory mediation and the Parenting Apart Program in custody or visitation cases. |
| Governing Law | This form is governed by North Carolina General Statute G.S. 50-13.1, which outlines the circumstances under which parties may seek a waiver from mediation. |
| Reasons for Exemption | Common reasons for requesting an exemption include voluntary private mediation, distance from the court, allegations of abuse or neglect, and issues related to substance abuse or mental health. |
| Submission Requirements | The completed form must be filed with the Clerk’s Office, and copies must be provided to relevant parties, including the mediator and case manager. |
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