STATE OF NORTH XXX
COUNTY OF XXX
XXX
Plaintiff
vs.
XXX
Defendant
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
18-CVD-32
MOTION TO STAY PROCEEDINGS
NOW COMES, Defendant, Julian Daily, pro se, and hereby respectfully submits his
Motion to Stay the hearing and determination of Plaintiff’s Motion to Modify Child Custody. In
support of the motion, the Defendant states as follows:
RELEVANT FACTUAL BACKGROUND
1. The parties were married on July XXX, and separated on November XXX,
and divorced on March XXX.
2. In the course of their marriage, the parties got two children namely, Layla G.
Dally, born on July XXX; and Zoe M. Daily, born on May XXXX
3. On March XXX, a permanent child custody order was entered. A subsequent
custody modification order was entered on April XXX. The said orders were entered in
Pickens County, XXX. The parties then challenged the orders in the XXX
Supreme Court, which court upheld the orders, with slight modifications.
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4. The said orders gave the Plaintiff sole custody of the children while the Defendant
has certain visitation rights. Regarding legal custody, Plaintiff has sole-decision making
authority over all major decisions affecting the children.
5. On January XXX, the aforesaid orders were registered and confirmed in Orange
County, North Carolina. North Carolina, since XXX, has been the home state for the children.
6. On March XXX, Plaintiff filed a Motion to Modify Child Custody. In the said
Motion, the Plaintiff alleged inter alia, the Defendant’s abuse and/or violence towards Layla,
that Defendant does not read or respond to the OFW, and that Defendant has refused to
communicate with the Plaintiff.
7. In the pendency of the case, the Defendant has relocated to [ENTER STATE]. As
a result of the relocation, Defendant hereby files this Motion to Stay the hearing and
determination of the Plaintiff’s Motion to Modify Child Custody.
ARGUMENTS
8. Plaintiff realleges and incorporates every allegation contained in the preceding
paragraphs of this Motion as though set forth herein.
9. The granting of a Motion to Stay is a matter of the jurisdiction of the Court. A
trial court’s denial of a motion to stay is subject to an abuse of discretion standard of review.
Park East Sales, XXX.
10. "The burden of showing the change in circumstances is on the party seeking a
modification or reversal of an order previously entered by another judge." First Fin. Ins. Co. v.
Commercial Coverage, Inc., 154 N.C. App. 504, 507, 572 S.E.2d 259, 262 (2002).
11. In the instant action, Defendant avers that the Plaintiff has erroneously claimed
that she has not sought enforcement actions in this court. On the contrary, based on the files at
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this Court, Defendant maintains that the Plaintiff had indeed sought enforcement actions in this
Court.
12. In 2018, this Court made a ruling on enforcement. However, the Court failed to
issue an order following the hearing. Defendant avers that the failure to issue an order is
prejudicial to Defendant. As a result of the failure to issue the order, the Defendant is deprived of
pertinent defenses to his case. Further, Defendant maintains that Plaintiff’s co-parenting theory
can easily be discredited by the dinner and ice cream incident.
13. It is also notable that the Plaintiff appears to be misadvised by her attorney(s) that
the prosecution of the case would not be costly. On the other hand, Defendant avers that Plaintiff
cannot afford the litigation, which necessitates this Court to issue a stay of the proceedings.
14. Further, upon Plaintiff’s information and belief, the Plaintiff intentionally enrolls
the minor children in summer camps during the Defendant’s visitation time, thus depriving the
Defendant of his visitation rights for summer memberships, enrollments, and care. Defendant
further avers that he is open to discussion with, and suggestions from the Plaintiff, regarding the
visitation of the minor children. Defendant also notes that the Plaintiff never asked for
modification at the time of the alleged abuse in 2020, and last summer in 2021.
15. The Plaintiff also failed to examine the Defendant’s safety risk to the children.
She herself sent the minor children to the Defendant.
16. It is the Defendant’s contention that he has the equitable rights to plan the minor
children’s summer activities, which Defendant had done when the children’s time with the
Defendant was limited during the school year.
17. Defendant avers that now that he has relocated, and that for that reason, it is
crucial for the parties to cooperate.
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CONCLUSION
WHEREFORE, Defendant prays this Court grants a stay to the proceedings, in the
interest of justice. Defendant further requests this Court to grant any other Order it deems just.
Respectfully Submitted,
__________________________
XXX
Defendant
XXX
XXX
Telephone: XXX
XXX
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CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing was delivered upon the attorney for
Plaintiff in this action:
_____ Via U.S. mail
_____ Via facsimile
_____ Via hand delivery to the following address:
XXX Yates & Ponton LLP
XXX, Attorney for Defendant
XXX
Telephone: XXX
Facsimile: XXX
XXX
This the ______ day of __________, XXX
__________________________
XXX Daily, Pro Se
Defendant
XXX
Telephone: XXX
XXX
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