Appeal Urgent Motion

[ott_dad]

Hello, does anyone have experience, or know if you can appeal an urgent motion temporary order?


Case Conference isn't till March.

I entered an urgent motion as i wanted my parenting time to be reinstated. I have a lawyer, and we ended up with a "Criminal Law" judge rather than a family judge, and he was very short, and didn't care about any evidence.


Any help is much appreciated.

 

[Janus]

I think it is difficult to appeal an interim order. You may require leave. Probability of success is very low, and it won't be cheap.

I think the better plan would be to wait until March, and then motion for time after the case conference.

In the meantime, you can send (very polite, have somebody else look it over before you send it) messages asking the other parent for some contact with the children. Ask nicely about once a week.

The idea is that by the time March rolls around you can show that without an order in place, you won't be able to see the kids, which means you need that order for parenting time.

 

[StillPaying]

I think you would motion to set the order aside instead of appeal, however there would need to be a big injustice - which isn't what you mention here. Your case wasn't deemed urgent.

 

[pinkHouses]

Maybe the question is: Why did I lose the motion?

Your lawyer is supposed to help you with this and may even know but not tell you.
Ask yourself "Why did I lose?" so you can fix things for next time.

 

[ott_dad]

I think it is difficult to appeal an interim order. You may require leave. Probability of success is very low, and it won't be cheap.

I think the better plan would be to wait until March, and then motion for time after the case conference.

In the meantime, you can send (very polite, have somebody else look it over before you send it) messages asking the other parent for some contact with the children. Ask nicely about once a week.

The idea is that by the time March rolls around you can show that without an order in place, you won't be able to see the kids, which means you need that order for parenting time.

Thanks Janus, that's a great idea, we are using OFW so for sure the messages are straight to the point and friendly. My lawyers plan was just that, gather more evidence, more affidavits, and then submit another motion, unless my ex will agree to more access during CC.

 

[ott_dad]

I think you would motion to set the order aside instead of appeal, however there would need to be a big injustice - which isn't what you mention here. Your case wasn't deemed urgent.

Thanks, yeah, technically I won the motion so you're right, it won't be deemed a big injustice.

 

[ott_dad]

Maybe the question is: Why did I lose the motion?

Your lawyer is supposed to help you with this and may even know but not tell you.
Ask yourself "Why did I lose?" so you can fix things for next time.

Thanks. Yes, you're 100% correct, we had a meeting afterwards and it was evident why we didn't win, and are working on the next strategy. I feel it was partially the Judge, he didn't seem to care about the family law and cases my lawyer referenced. But being prepared at the next CC and Motion is a solid plan.