Monday, July 14, 2014

If an appeal was submitted denovo to custody orders, do both parties still have to go by court papers while under the appeal? The papers sta...

Question

If an appeal was submitted denovo to custody orders, do both parties still have to go by court papers while under the appeal? The papers state I have temperary custody but other party won't return child because it's under appeal. Do I have a legal right to get child back?



Answer

While the appeal is pending, the court's ruling is binding.

You need to make sure that the court's ruling is reduced to writing (an order) and that it gets signed by the Judge.

After that, hit the other party with an application for a writ of habeas corpus AND a motion for contempt.



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