Johnson v. Johnson

GRAHAM, Judge.

The parties stipulated that the children now reside with defendant in South Carolina and that they were not present in this State when the motion was filed or at the time it was heard.

It was often stated, in custody cases decided before 1 October 1967, that the child should be before the court before an order could be entered “affecting the person of the infant.” Romano v. Romano, 266 N.C. 551, 146 S.E. 2d 821. The theory was that custody proceedings were in rem proceedings. Cushing v. Cushing, 263 N.C. 181, 139 S.E. 2d 217. However, it was also recognized that if both parties…