That is part of the problem. I knew there was an issue in the home. Was readying to file a motion, when my child told her teacher at school she was afraid to go back to her Mother's home due to the abuse and the school had to get DYFS involved.
As has been heavily documented in the news, DYFS dropped the ball. They interviewed the Mother and DYFS wrote it off as a non-issue.
Which brought me to filing an immergent order. As I mentioned the judge requested to speak to my 7 year old daughter to see if there truly was a problem. The Judge stated everything one could hope to hear...All the documents I supplied showed there is a serious abuse issue in the home. After speaking to my daugther it further confirmed what I had put in the papers. While the Judge agreed there was a serious issue which requires a best interest evaluation, the Judge felt there might be more harm by changing the childs schedule too abruptly versus the damage being done by the abuse. That is not logical. Especially when I am not an absent Dad. I help at school and am at as many activities as possible.
So I need to appeal the Judges order.
Is the 877 NJ ABUSE associated to Division ot Youth and Family Services?
An emergent application may be filed where irreparable damage would result if the party were to proceed with the timetable of a regular appeal or motion. Interim relief sought on an emergent application may include, for example, a stay of an order below to preserve the “status quo” pending appeal; to compel affirmative relief pending appeal or on a permanent basis; and clarification or reversal of an evidentiary ruling made by the trial court. An applicant seeking emergent relief must establish (1) that the issue is truly emergent and cannot proceed as a regular appeal or motion; and (2) a reasonable likelihood of success on the merits. Here is the Form to use for that: Emergent App. along with some helpful instruction.
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