Motion That Court Adopt Parenting Agreement (For Pending Actions Only) {4}

FILE NO. _______________ STATE OF NORTH CAROLINA GENERAL COURT OF JUSTICE COUNTY OF ________________________ DISTRICT COURT DIVISION _________________________ Plaintiff MOTION THAT COURT ADOPT PARENTING AGREEMENT VS. _________________________ (For pending actions only) Defendant We the undersigned have reached a settlement of the issues concerning ch ild custody and visitation, and desire that the attached memorandum, which bears our sig natures, be: o ADOPTED AS A CONSENT CUSTODY ORDER. The effect of this alternative is to convert the agreement into a regular custody order wherein both parties have all of the rights and duties which arise from any custody order. The parties may vo luntarily return to Mediation if they agree to do so. However, this option is a final resolution of the custody and visitation issue and will require a change of circumstances or agreement of the parties to justify a modification of the order. o APPROVED BY THE COURT AND CONVERTED INTO A TEMPORARY ORDER WHICH CLOSES THE CUSTODY ACTION PENDING FURTHER ORDERS. The effect of this alternative is that the court will approve and adopt the agreement as an order of the court which is fully enforceable as any custody order. However, since it is a temporary order entered to resolve the immediate issues, it is temporary un til a trial on the merits is held or the parties enter a final custody order. It may r emain effective for so long as both parties agree to leave it in place. The parties may volunta rily return to Mediation if they agree to do so. Neither party will be required to prov e a change of circumstances to justify a change in the order if future litigation is r equired. o NOT APPROVED BY THE COURT AND NOT MADE A COURT ORDER. The effect of this alternative is to suspend further action on the custody and visitation iss ue and allow the parties to operate under the agreement. The parties will not be able to seek any assistance from the court in enforcing the agreement and there is no remedy in the courts for a violation of the agreement. The parties may voluntarily retu rn to Mediation if they agree to do so. The court will enter an order directing the cle rk to close the custody action pending further orders. This option is the least favored of the alternatives and should be chosen only if neither of the foregoing options can be agr eed upon. ___________________________________ ___________________________________ Plaintiff o (Check if representing yourself) Defendant o (Check if representing yourself) _________________________________ _________________________________ Attorney for Plaintiff Attorney for Plaintiff Additional parties: ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ FC Rev. 7/20/2000 American LegalNet, Inc. www.USCourtForms.com