Appellate Court Jurisdiction Reversal

Summary

In California, if an appellate court reverses jurisdiction, the lower courts decision is overturned, but detention may continue if there are pending legal issues or a new hearing is scheduled. If a new jurisdiction hearing is delayed over 90 days, you can file a motion to dismiss due to unreasonable delay. To do this, draft a motion stating the delay, file it with the court, and serve all parties involved. Consider seeking legal advice for detailed guidance on drafting and filing the motion.

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Appellant court reverse jurisdiction, how do they still have detainment of my daughter
Hi Charlene! Could you please share your location? Laws and procedures can vary significantly by jurisdiction. This info will help me provide more accurate guidance.
California
Hi Charlene,
In California, if the appellate court reverses the jurisdiction, it typically means the lower court's decision is overturned. However, the detention of your daughter might continue if there are other pending legal issues or if a new hearing is scheduled.
- Review the Appellate Court's Decision: Understand the specific reasons for the reversal.
- Pending Legal Issues: Check if there are any other ongoing concerns or cases.
- New Hearings: Determine if a new hearing is set to address the detention.
Would you like more information on how to proceed with a new hearing or addressing pending legal concerns?
They are supposed to hold a new jurisdiction hearing but it's been 90 days can't I file a dismissal
In California, you can request a dismissal if there has been an unreasonable delay in holding a new jurisdiction hearing. Delays over 90 days could be considered unreasonable.
- File a Motion to Dismiss: You may file a motion with the court to dismiss the case due to this delay.
Would you like more details on how to file this motion?
Yes
Hi Charlene,
To file a motion to dismiss due to the delay in holding a new jurisdiction hearing, you can follow these steps:
- Draft the Motion: Clearly state the reasons for seeking dismissal, citing the *-day delay.
- File with the Court: Submit your motion to the court handling the case.
- Serve All Parties: Ensure all involved parties receive a copy of the motion.
Would you like more detailed guidance on drafting the motion?