In re C.J.H., 240 N.C. App. 489 (2015)

  • There is no abuse of discretion in denying a continuance request made by respondent parent’s attorney on the day of the TPR hearing due to the respondent’s absence when the court found respondent received written notice of the hearing date, the respondent contacted the court the week before to request a continuance, the GAL confirmed that the week before respondent was aware of the hearing date, and respondent’s decision to start a new job the week of the hearing did not rise to extraordinary circumstances for a continuance pursuant to G.S. 7B-1109(d).
  • There is no abuse of discretion in allowing direct examination of petitioner’s witnesses when respondent is absent and after court learns respondent called the court during the hearing to inquire as to the time for the hearing on the next day when respondent’s counsel was present during direct examination, the court continued cross-examination until the next day, the court allowed time for respondent and his attorney to confer prior to starting the second day of hearing, and the respondent knew the correct date of the hearing.


Termination of Parental Rights
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