Legal Question in Family Law in North Carolina

Does an email from a Virginia judge indicating to a judge of another state that VA declines to exercise jurisdiction and relinquishes jurisdiction to the other state constitute an order if the Virginia judge filed it with the Virginia clerk?

Asked on 2/19/21, 12:32 pm

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

Emails aren't Orders and they aren't filed with a clerk or otherwise. An e-mail can contain an Order but the email itself is not the Order. So the most likely scenario for the situation you described is that if a Judge filed something then it is most likely an Order and a copy of the Order was what was emailed. However, that said, there certainly isn't anything wrong with a VA Judge declining to exercise jurisdiction in an email to another Judge but it is unlikely that e-mail would be considered an Order or file in any way.

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Answered on 2/19/21, 12:45 pm

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