Q: Can you file an appeal when a judge makes orders while exercising emergency jurisdiction? Ny
The Original custody order is NY order, child n mom moved to FL, now the Home state is FL for 4 years . Mom brings child to dad for summer vacation , not he refused to return child to mother (the custodial parent ) , kept child mom filed writ of Hc unknowing father filed in NY filed for emergency custodial no real allegations very vague mother was not served ever and when in front of judge for writ was given the mod paper by judge . Never offered attorney joined a writ and starting hearing case a day early on something that was supposed to be served 6 days prior . . Judge ordered child can not leave NY , so he registered child now in school here , investigated parents and mother hasn’t had time with child since August ! She’s living in hotel to stay and everything and everyone is back in FL at home . Judge gave father “exclusive parenting time” not written on temporary order - only a general order . So many wrong judicial process . Should I ask for dismissal from judge or appeal
A: While there is a lot of information here there are some crucial details missing. Did the original court order in NY give the custodial parent permission to relocate? If not, did the custodial parent seek permission to relocate? Normally, a custodial parent does not have the right to relocate out of state without court permission, particulary if it interferes with parenting time of the non-custodial parent. As for your initial question, you can file an appeal on a temporary order and ask to stay the order pending appeal, but these things are rarely granted and the appeal can take a long time. Seek an attorney.
If a judge in New York has made orders under what you believe to be emergency jurisdiction and the home state of the child is Florida, you may have grounds to challenge the New York court's jurisdiction. In matters of custody, generally the home state of the child has jurisdiction.
You can file a motion in New York to contest the jurisdiction and request the dismissal of the actions taken, citing the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) which governs interstate custody matters. If the New York court denies your motion, you can then appeal that decision.
However, it is crucial to act promptly, as there may be strict time limits for appeals and for challenging jurisdiction. It's advisable to seek legal counsel immediately to ensure your rights and position are effectively presented and argued, especially considering the complexity and urgency of custody disputes.
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