Your Options to Appeal a Nevada Relocation Decision

Posted by on Dec 19, 2013 in Child Relocation | 0 comments

This is my next post in my “Understanding Child Relocation” series. My last post discussed the process of a child relocation trial. This article will focus on the appellate process. I will discuss the options available to you and the deadlines involved with such appeals.

You should consult with a Nevada appellate attorney immediately if you wish to appeal a child relocation decision

An appeal begins by filing a “Notice of Appeal.” This is a short document that must be filed within thirty (30) days of the Judge’s Order.  This is a “hard” deadline, meaning there is no wiggle room in the appeals process. If the Notice is not filed in a timely order, then you will lose your chance to appeal.

If you are appealing the other party being permitted to relocate, then the attorney may be able to “stay” the order if the other party has not yet moved. Filing, and winning, a Motion to Stay prevents the other party from relocating until the Nevada Supreme Court makes a decision regarding the relocation. Again, this is time sensitive and must be filed right away, before the other party moves out of state.

Nevada law allows for a “Fast Track” appeal in child relocation cases

In order to expedite the process, Nevada law allows for a “Fast Track” appeal in child relocation cases.  Parties will often be required to attend a settlement conference. In relocation matters, however, it may be possible to skip this part of the process. If no settlement can be reached, then your appeal proceeds to briefing.

Submitting a brief in a “Fast Track” case involves a brief statement of your case’s procedural history, the error you feel the Family Court Judge has made, and any legal arguments that support these allegations.  This brief is due in forty (40) days or less from when the court received your Notice of Appeal. Once the opposing side has received the brief, they have twenty (20) days to respond.  The Supreme Court will then affirm or reverse the decision either without further argument or order further briefing.  In any case it can still take some time before the Court renders a decision.

Appealing any court decision is not only complicated, but also time sensitive.  It is imperative to retain the services of an attorney directly after the order is rendered if you plan to appeal.

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