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M.E. v. T.J.

No. 18A21.

869 S.E.2d 624 (2022)

2022-NCSC-23

M.E. v. T.J.

Supreme Court of North Carolina.

Filed March 11, 2022.

Attorney(s) appearing for the Case

Scharff Law Firm, PLLC, by Amily McCool ; ACLU of North Carolina Legal Foundation, by Irena Como and Kristi L. Graunke ; and Patterson Harkavy LLP, by Christopher A. Brook , Wake County, for plaintiff-appellee.

Nelson Mullins Riley & Scarborough LLP, by Lorin J. Lapidus , Winston-Salem, D. Martin Warf , Raleigh, and G. Gray Wilson , Winston-Salem, for defendant-appellant.

Joshua H. Stein , Attorney General, by Ryan Y. Park , Solicitor General, for State of North Carolina and Governor Roy Cooper, amici curiae.

Brooks, Pierce, McLendon, Humphrey, & Leonard, LLP, by Sarah M. Saint , Greensboro, and Eric M. David , Raleigh; and Kathleen Lockwood and Nisha Williams , for North Carolina Coalition Against Domestic Violence, amicus curiae.

Poyner Spruill LLP, by Andrew H. Erteschik , John Michael Durnovich , N. Cosmo Zinkow , Raleigh; and Robinson, Bradshaw, & Hinton, P.A., by Stephen D. Feldman , Raleigh, Mark A. Hiller , Chapel Hill, and Garrett A. Steadman , Charlotte, for Legal Aid of North Carolina, The North Carolina Justice Center, and The Pauli Murry LGBTQ÷ Bar Association, amici curiae.

Womble Bond Dickinson (US) LLP, by Kevin A. Hall , Samuel B. Hartzell , and Ripley Rand , Raleigh, for Former District Court Judges, amicus curiae.

¶ 1 For well over a century, North Carolina courts have abided by the foundational principle that administering equity and justice prohibits the elevation of form over substance. See, e.g., Currie v. Clark, 90 N.C. 355, 361 (1884) ("This would be to subordinate substance to form and subserve no useful purpose.");

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