Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1114
Effect of appeal; stay
Family Court Act (FCT) CHAPTER 686, ARTICLE 11
§ 1114. Effect of appeal; stay. (a) The timely filing of a notice of
appeal under this article does not stay the order from which the appeal
is taken.

(b) Except as provided in subdivision (d) of this section, a justice
of the appellate division to which an appeal is taken may stay execution
of the order from which the appeal is taken on such conditions, if any,
as may be appropriate.

(c) If the order appealed from is an order of support under articles
four or five, the stay may be conditioned upon the giving of sufficient
surety by a written undertaking approved by such judge of the appellate
division, that during the pendency of the appeal, the appellant will pay
the amount specified in the order to the family court from whose order
the appeal is taken. The stay may further provide that the family court
(i) shall hold such payments in escrow, pending determination of the
appeal or (ii) shall disburse such payments or any part of them for the
support of the petitioner or other person for whose benefit the order
was made.

(d) Any party to a child protective proceeding, or the attorney for
the child, may apply to a justice of the appellate division for a stay
of an order issued pursuant to part two of article ten of this chapter
returning a child to the custody of a respondent. The party applying for
the stay shall notify the attorneys for all parties and the attorney for
the child of the time and place of such application. If requested by any
party present, oral argument shall be had on the application, except for
good cause stated upon the record. The party applying for the stay shall
state in the application the errors of fact or law allegedly committed
by the family court. A party applying to the court for the granting or
continuation of such stay shall make every reasonable effort to obtain a
complete transcript of the proceeding before the family court.

If a stay is granted, a schedule shall be set for an expedited appeal.