When Can You Appeal a Temporary Custody Order in North Carolina?

Custody cases can move quickly when a judge believes a child’s relationship with a parent may be jeopardized, and that can be stressful for everyone involved. But even a huge change in custody isn’t always the final say on a case.

That distinction was central in Hoffman v. Curry, an unpublished 2024 North Carolina Court of Appeals decision involving temporary custody and civil contempt.

Background of Hoffman v. Curry

Hoffman and Curry had a child and then separated. Later, the father sought custody. In 2019, the parents agreed to Mother having primary physical custody and Father having visitation rights.

Over time, the trial court made further visitation orders. On that occasion, the court found that Mother generally did not follow those orders.

In late 2021, Father alleged that Mother interfered with visits, spoke negatively about him in the presence of their daughter, and did not attend parenting coordinator meetings. The trial court ordered Mother to comply with its earlier orders, after receiving reports from the child’s therapist and the parenting coordinator.

The court also ordered Mother not to take any physical, emotional, or mental actions that might prevent the child from leaving to go with Father for visitation.

The trial court granted Father sole legal and physical custody at a February 2022 hearing. The next day, the mother was ordered to bring the child to the therapist’s office for the transfer of custody. A second hearing was set for the next month.

Mom did not take the kid to the transfer. She testified the child was on the floor beneath a bed, crying, kicking, and screaming.

The trial court was not convinced by that explanation and found Mother to be in civil contempt. And so, she was sentenced to thirty days in jail.

Court of Appeals Opinion

Mother appealed both the custody order and the contempt order. The Court of Appeals treated them differently.

To start with, the court found that it could not review the custody order yet. Though the order gave sole custody to Father, it did not resolve the long-term issues such as holiday schedules, summer schedules, or information sharing requirements. It also required reunification therapy, and set another hearing about a month later.

The custody order was not final but temporary and therefore was interlocutory (basically, the custody case was still ongoing in the trial court).

Sometimes a temporary custody order is immediately appealable if it affects an important right that cannot be protected later. Mother argued that removal of the child from her home would be detrimental to the child’s wellbeing. But the Court of Appeals found that the record lacked sufficient evidence of harm to permit an immediate appeal.

A civil-contempt ruling is final, so the court could review the contempt order. It upheld the finding that Mother willfully violated the custody order. The court drew a distinction between a parent who is unable to make a child visit and a parent who actively prevents visitation.

Why This Case Is Important for Parents to Know About

In Hoffman v. Curry, two things arise that could catch parents off guard in a custody dispute.

1. A temporary custody order can substantially and immediately change a child’s routine, such as where the child lives and how often each parent gets to see the child. However, this does not always mean that the order is immediately appealable. The order may be seen as temporary if the court has left major custody issues open for later and set another hearing soon. In such a situation, a parent may be required to continue to participate in the case at the trial-court level before an appeal is available.
2. This case shows why parents should follow every custody and visitation order. If there’s one missed exchange, then the court may overlook that. That’s because courts look at the broader pattern of behavior, such as whether a parent encouraged the child’s relationship with the other parent, complied with exchange instructions, attended the required meetings or therapy, and communicated appropriately.

Keep in mind that this doesn’t mean a parent should dismiss a child’s fears or force a child into a truly unsafe situation. But when there is a valid court order, a parent should document concerns, get legal help, and request court intervention rather than just deciding not to comply. Otherwise, there could be consequences (like we saw in this case).

What Are Your Next Steps?

Are you concerned that a temporary custody order, missed visitation, or alleged noncompliance could affect your relationship with your child? If so, you need someone in your corner! Reach out to our team at Woodruff Family Law Group for help today.