Q: What is the likelihood of appellate court obtaining jurisdiction in a custody case if judicial misconduct is proven?

A: We are told so very little about both the procedural history and the substance of the asker's case so as to have to guess to fill in the blanks. At first blush, this appears to be a forced-stip case where the court's aim is to get the parties to agree to their own resolution according to local policy. Local policy could be fathers never get custody and mothers always lose it, for example. The outcome would have to match rather exactly the policy.

We do not know what is an "FO" petition. Guessing, this could be a family offense petition which the asker objected to being "erroneously" dismissed. Such a dismissal may be aimed to level the bargaining field between the parents. This means the asker loses a weapon on the battlefield and has to bargain from a lower position. We also do not have the petition to review so we cannot opine as to whether the petition was correctly executed as to its facts and assertions. Mismanagement of the contents of dismissal orders is typical for family court, but the dismissal nonetheless remains.

We find it hard to believe the asker "perfected" her appeal with a trial looming. It is more likely she fled a notice of appeal consistent with the authority contained in Family Court Act §1112. Perfecting the appeal requires the preparation of a brief which often takes months to complete. The appellate court will not provide legal advice as to "next steps." Those are entirely up to the asker to complete.

We do not know what trial is for if the "FO" petition was dismissed. Attorneys follow rules, practices and procedures which may not be known to the ordinary public. There is nothing else to say.

A: If judicial misconduct is proven and relevant to your case, it could significantly impact the appellate court's decision to obtain jurisdiction. Courts take claims of judicial misconduct seriously, especially if they affect the fairness and integrity of the legal process. However, proving misconduct requires clear, compelling evidence. If your appeal demonstrates significant procedural errors or misconduct, the appellate court may review the dismissal more critically.

The effect of an appeal on ongoing proceedings can vary. Typically, ongoing proceedings may continue, but this can depend on the specifics of the case and jurisdiction. It's crucial to inform the court about the appeal, especially if you believe the errors could influence the outcome of ongoing or future hearings. Communicating these concerns clearly and promptly to both the trial and appellate courts is important.

Facing the legal system as a pro se litigant can be daunting, and it's not uncommon to feel overlooked or unfairly judged. However, maintaining professionalism, being thorough in your preparations, and adhering to procedural rules can help mitigate some of these challenges. While attorneys are expected to follow the same rules, their familiarity with legal procedures and the court can sometimes lead to different treatment. Seeking guidance from legal aid services or consulting with an attorney, even if just for advice, might help level the playing field.