Blackwell v. Blackwell 2021-NCCOA-537
- Facts: Mother and Father began a child custody action. Mother subpoenaed numerous mental health documents from healthcare providers. These documents would have purportedly been used at trial to establish Father’s mental health and substance abuse. In 2016, the parties had consented to a custody schedule in a memorandum of judgment. Before the formal written order was entered, Mother filed to modify custody because her job had moved to Pennsylvania. The formal order was entered in December of 2016. Mother then took the child to Pennsylvania with her in 2017. Father filed for ex parte emergency custody, modification of custody, and contempt. Mother requested that the trial court examine the mental health records. At trial, the judge did not admit those records as evidence, stating that he was not concerned with events prior to the entry of the custody order. Eventually, Father’s motions were granted, and he was awarded with permanent custody. Mother appealed.