FollowUp - Temporary Custody...Can It Be Reversed?

[Tex78704]

While there were good responses to AustinMom's questions in her closed thread, there is an important point that was missed and is relevant to this case.

While temporary orders are interlocutory and non-appealable, an associate judges rulings can be 'appealed' by requesting a de novo hearing with the presiding District Judge over that court. An associate judge is appointed by the district judge and serves at the will of the district judge.

Any good family law attorney should have at least advised her of these rights.

The rules of procedure allow seven days to file a request for a de novo hearing on that temporary order.

Beyond this, if this is going to a final hearing or trial on the merits, austinmom may still have time to file an objection to an associate judge hearing the case and request this to be heard by the district judge.

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.201.htm#201.016[/B]]FAMILY CODE**CHAPTER 201. ASSOCIATE JUDGE

 

[Ohiogal]

While there were good responses to AustinMom's questions in her closed thread, there is an important point that was missed and is relevant to this case.

While temporary orders are interlocutory and non-appealable, an associate judges rulings can be 'appealed' by requesting a de novo hearing with the presiding District Judge over that court. An associate judge is appointed by the district judge and serves at the will of the district judge.

Any good family law attorney should have at least advised her of these rights.

The rules of procedure allow seven days to file a request for a de novo hearing on that temporary order.

Beyond this, if this is going to a final hearing or trial on the merits, austinmom may still have time to file an objection to an associate judge hearing the case and request this to be heard by the district judge.

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.201.htm#201.016[/B]]FAMILY CODE**CHAPTER 201. ASSOCIATE JUDGE

Yippee skippee. And that is not an appeal. It is an objection to the decision. Of course since she decided to act like a five year old that most likely contributes to why she lost custody to begin with. And she is beyond the seven days. So hence she can not object to that decision. Oh and for there to be an objection, there has to be a mistake of law quite frankly -- be it the decision was against the manifest weight of the evidence or something of that nature. Not because she wanted to throw a hissy fit.

 

[mistoffolees]

Yippee skippee. And that is not an appeal. It is an objection to the decision. Of course since she decided to act like a five year old that most likely contributes to why she lost custody to begin with. And she is beyond the seven days. So hence she can not object to that decision. Oh and for there to be an objection, there has to be a mistake of law quite frankly -- be it the decision was against the manifest weight of the evidence or something of that nature. Not because she wanted to throw a hissy fit.

I don't think that's true in Texas. (Tex78704 will undoubtedly clarify). My understanding is that if your temporary orders are from an associate judge and you don't like them, you don't need much of a reason to request a de novo hearing from the presiding judge. I think that request is given a great deal of latitude.

In any even, the time issue is clearly a problem since I suspect that the 7 days has passed.

 

[LdiJ]

I don't think that's true in Texas. (Tex78704 will undoubtedly clarify). My understanding is that if your temporary orders are from an associate judge and you don't like them, you don't need much of a reason to request a de novo hearing from the presiding judge. I think that request is given a great deal of latitude.

In any even, the time issue is clearly a problem since I suspect that the 7 days has passed.

I agree that in ANY state where a hearing is held in front of an associate judge or a magistrate that either party can appeal to the presiding judge and its basically a "do over". It does not require a mistake of law or an abuse of discretion.

I also agree that if the time frame has passed to "appeal" to the presiding judge, that its a moot point.

 

[Tex78704]

If she is beyond the seven day window, which we do not know for sure, she may still have a right to object to the associate judge for the final hearing, and request the district judge hear the case.

 

[Ohiogal]

I agree that in ANY state where a hearing is held in front of an associate judge or a magistrate that either party can appeal to the presiding judge and its basically a "do over". It does not require a mistake of law or an abuse of discretion.I also agree that if the time frame has passed to "appeal" to the presiding judge, that its a moot point.

You would be WRONG. In Ohio, you can object to a magistrate's decision and there needs to be a mistake of law/abuse of discretion (which is considered a mistake of law) for the judge to change it.