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Legal Information: North Carolina

Custody

Updated: 
October 13, 2020

When can I be excused from mediation? What if I am a victim of domestic violence?

In counties in which mediation is offered, mediation is required unless a judge or other officer of the court decides that you do not have to attend. To request a waiver of mediation, you can fill out a form called “Motion and Order for Waiver of Mediation.” There are several reasons for which the judge could grant the waiver. Here are some examples, but other reasons may be considered as well:

  • you are a victim of domestic violence by the other parent;
  • the defendant has abused or neglected the child(ren);
  • allegations of alcoholism or drug abuse of the other parent;
  • allegations of severe psychological, psychiatric, or emotional problems of the other parent;
  • if you live more than 50 miles from the courthouse of the county where you are filing your case;
  • you and the defendant have agreed to private mediation (which you would have to pay for on your own); or
  • any other reason why you believe the mediation would cause you undue hardship.1

1 NCGS §50-13.1(c)