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Those are two entirely different matters.
Please explain what's going on with a little more facts. Thanks!
How long was or has your brother in Florida?
he has been a resident since Dec of 07 and the children have lived here since October of 08
By a jurisdictional proceeding - what did you mean?
Was he ever served with divorce papers from Iowa?
According to the Iowa Rules of Appellate Procedure, in a divorce, or custody, the time to file an Appeal is 15 days. It is usually 30 in a civil case, but shortened by 1/2 if the case involves contested custody.
However, don't be alarmed, because there are several other avenues that an attorney can take in the matter you described. He/she could file a Motion to Set Aside the Judgment, or a Motion to Stay the Enforcement of the order. An Iowa Order would also have to be registered or refiled in the State of Florida to be enforced there. Or, an emergency order could be filed in your brother's county of residence. I would suggest he get an Iowa lawyer to get going on this ASAP.
Would you mind telling me what county this involves in Iowa?
My Answer remains the same, but I also had another thought. Your brother or his attorney should contact (by mail if it is your brother--no phones!!) the attorney that represented the mother, and explain the situation and tell him/her that since this Iowa proceeding was inappropriately done, he needs to go into court and remedy the situation. Tell the attorney this action to set aside the Iowa order should be started within 5 days.
If this is not done, then the Iowa Bar Association should be contacted and a complaint filed against this attorney who obviously then, is violating the law. Iowa is EXTREME in punishing lawyers. This may very well "shake things loose."
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