News for the Inland Empire: What is the status of Family Court Orders Pending Appeal?

If you believe the Court made a reversible error in your Family Law Judgment or Order, you may appeal the Order. For example, you may believe that the Court made a ruling on Custody and Visitation that was not in the best interest of your children. If you can show that the Court abused its discretion, the Court of Appeal may reverse the Order.

Assuming you file a timely appeal, is the Order enforceable pending the appeal process?

During the pendency of an appeal a reviewing Court may stay proceedings or stop enforcement of a Trial Court’s Judgment or Order brought up for review (Code of Civil Procedure §923). In order to stop enforcement, the Appellant (the party filing the appeal) must seek a writ of supersedeas from the Court of Appeal.

In order to obtain a stay, the Appellant must convince the Court that the stay is:

(1) Necessary to preserve the issues on appeal;

(2) Respondent (other party) will not be unduly prejudiced; and

(3) That Appellant will suffer irreparable harm.

Do you want to hear more about the latest information on Family Court Orders? If you have questions regarding this issue, please contact our office to schedule a consultation. The Law Office of Family Law Specialist Richard E. Bawden also handles legal issues regarding adoption, annulment, mediation, domestic violence, child custody, child support, spousal support and bankruptcy as well as pre-marital agreements. Telephone (909)792-0222, or email us at [email protected]

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