In the state of New York, you may achieve a stay (put on hold the implementation or enforcement) of a family court order issued by a lower court, by an order to show cause. This means that if an order to show cause is ordered by a higher court, then that lower court has to show that same higher court how the order which was requested to be stayed, is appropriate. The other non-appellant parties from the proceeding also have the right to respond to that same order to show cause as well, if they feel compelled to do so.
I had filed motions for stay by order to show cause, and I used my briefs and stipulated record on appeal to support those same motions. I felt that preparing my appeal in full, and using that same prepared appeal to support my request for stay, would be the strongest case that I could make for stay.
Without stay, the soonest I could start seeing my son again would have been after an appeal had been decided in my favor, and that could take months; I wanted to get back into my son’s life immediately.
My briefs and stipulated records on appeal, can be effectively described as that which I’ve posted on this website. Basically, my briefs and stipulated record on appeal made the case that the orders requested to be stayed were inappropriate.
Because judge Brian F. DeJoseph declined to sign my proposed orders to show cause, this meant that it was his opinion, that the possibility of these orders handed down by Onondaga County failing to reflect the situation which they applied to, was outside of the realm of possibility. I’d personally be very interested to hear how he had come to this conclusion.
Judge Brian F. DeJoseph sustained my custody/visitation and child support orders on the face of the proceedings which set them fourth; and outside of the fact that those same orders were set fourth by other courts, I can’t think of any other reason for why he would have sustained them.