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Hixson v. Krebs12/21/1999
3d ed. 1997); see also Black's Law Dictionary 304 (6th ed. 1991) ("deprivation" is "a taking away or confiscation[.]"). Respondent agreed that petitioner would have custody of their children in the parties' separation agreement signed more than a year prior to the entry of the divorce judgment. Thus, respondent was not "deprived of the custody of her child under an order of a court of competent jurisdiction," and respondent does not meet the requirements for an exception under N.C.G.S. ยง 31A-2(2).
We therefore reverse the entry of summary judgment and remand for trial.
Reversed and remanded.
Judges HORTON and EDMUNDS concur.
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