Q: My ex-wife, after our divorce was finalized, made an Order to Show Cause in a New York Supreme Court to relocate and was successful; as such, she and our child moved out of state.. There was a hearing, and I fought the alleged merits to the move. The judge issued an “Interim Decision After Hearing”. The judge set forth several conditions that my ex has to comply with, e.g. , proof of employment, proof that she came back to NY to visit between now and our next court appearance (which will be in March 2018, proof of pediatrician’s treatment of child, proof of family’s support in new locale and proof of compliance w/ other matters . If she succeeds in convincing the judge that she has complied, then the move will be made permanent. I WANT THE JUDGE TO ORDER THEM TO RELOCATE BACK TO NY because the family reneged on the promised support, the child is not seeing a doctor for a somewhat serious condition and more. I believe that the move was not made in the child’s best interest. There is also new evidence, which is relevant, and very well might have changed the outcome of the decision that I’d like to submit, that I couldn’t have known at the hearing, because they just came to light.
A: First, it depends on the stage of your case. If there’s an “interim order,” it implies the case is still pending & has a future court date. In such event, you should seek to file a motion on the issues you identified. Nevertheless, if you disagree with the Judge’s original ruling, you should ultimately be prepared to file an appeal – and bear in mind you only have 30 days from any given order to file your notice of appeal. Schedule a consult with a White Plains Family Law attorney for a full assessment.