Q: What can I do if the judge made an order during a conference with no motion before him?
Supreme Court judge called a “conference” because my ex’s attorney sent him an email/letter requesting his intervention in the choosing of our children’s pediatrician. The letter had specific requests much like a motion would but it was just a letter.
At the conference, the judge did not allow evidence or testimony but handed down several orders which included restricting my parental decision making (despite the fact that I have a signed divorce decree giving me 50/50 custody and decision making.)
My ex’s attorney then sent a proposal for an “Order” outlining the judge’s orders and asked if there were any objections. I objected based on 4 things, including there was no motion and the wording she used was not in the transcripts. But the judge signed the order anyway.
I believe this was not following due process. Without testimony or evidence presented he banned me from speaking to my children’s pediatrician & gave my ex full decision making on health care.
A: A Judge has the ability to calendar a case whenever the Judge finds good cause to do so, but it has to be on notice. If the orders include custody decisions and or visitation issues without a hearing, you most likely have an appealable issue. you must file an emergency motion with the Appellate division for a stay of the orders, but sometimes, the order would have been carried out by the time you get to the Appellate division.
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