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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11778
Experience:  19+ Years of Legal Practice in Family law matters.
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What paperwork and how to request an appeal

Customer Question

What paperwork do I need to file in order to request an appeal in Family court for the state of NJ morris county? If it has to do with child abuse in the home is there a way to file for an Immergent Appeal? Where can I find the forms for Morris County?
Submitted: 2 years ago.
Category: Family Law
Expert:  Attorney Wayne replied 2 years ago.
Hello. Thanks for contacting us.

In NJ, if there is an emergency related to child abuse, there is a hotline to call where local child protective service agents will swing into action right away. They can make a quicker determination than a court can -- and act very quickly, if needed, to protect a child by temporarily removing the child from an abusive home until a court can sort out the case and take testimony.

This emergency procedure sets up a safe zone while protecting the legal and constitutional rights that every court is supposed to honor. While we all support those rights, they can sometimes slow down the process in the interests of fairness. When time is of the essence, the child protective service folks can step in.

There's a statewide hotline to call: 1-877 NJ ABUSE.

If the dangers to child are imminent, then its also possible to call 911 -- but its still important to call 1-877 NJ ABUSE.

Here's a web link to the state Dept. of Children and Family Services that explains the procedures: http://www.nj.gov/dcf/abuse/how/

I wish speedy resolution for this matter!
Customer: replied 2 years ago.

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?

 

Expert:  Attorney Wayne replied 2 years ago.
sorry, but this is a completely different question -- one about an appeal, not about how to achieve an emergency invervention.

The site requires separate questions be posted separately. It helps keep things clearer. So if you don't mind posting what you you just posted as a new question, that would be helpful.

Thanks for doing that! Happy New Year!
Customer: replied 2 years ago.
Relist: Inaccurate answer.
I asked a specific question..the expert came back with an answer to a different question. when I replied with clarification. He then tried to tell me I was asking a new question and needed to file for a different question.
Expert:  AlexiaEsq. replied 2 years ago.
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.

Good morning, Your NJ Appellate pro se forms can be found here:
PACKET


You will find terrific instructions, required Notice, suggestions, etc. to get started.

Note that you MAY be required to file a motion for Leave to Appeal if the current Order is not a final Order, but is "interlocutory". If an order is not “final”, a party must file a motion requesting leave to appeal from the interlocutory order. The filing of a motion for leave to appeal, however, does not automatically stay the order or proceedings in the trial court. Rather, a motion must be filed to stay an appeal. Thus, you may want to make a combined Motion. And combine it with that Emergent application to be heard quickly at the App. Div.

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.




Good luck. I'm sorry Morris County is being obtuse with regard to this situation.

I hope this helps clarify for you.

Because I help people like you here, for a living---this is not a hobby for me---I sincerely XXXXX XXXXX abiding by the honor system with regard to Accepting answers, by Clicking your ACCEPT button now. Feel free to follow up after, if you need clarification. An ACCEPT also assures that I can assist you again. A BONUS is a wonderful way to tell the expert her time and effort are appreciated. I wish you the best in your future.

AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11778
Experience: 19+ Years of Legal Practice in Family law matters.
AlexiaEsq. and 8 other Family Law Specialists are ready to help you

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