How to overturn a family court order?

UPDATED: Jul 10, 2012

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How to overturn a family court order?

I have a court order saying that my children will attend school in the town were I live for the new school year. This was made after I moved and my ex-spouse filed a motion to stop me from doing so after I moved. He has threatned me with taking me back to court to have this overturned. It is my understanding that he would have to file an appeal, however he had 45 days to do so. And that time has passed. Is that correct ?

Asked on July 10, 2012 under Family Law, New Jersey


Brad Micklin / The Micklin Law Group

Answered 10 years ago | Contributor

Yes, an appeal must be filed within 45 days.  A motion to extend the filing date can be filed but it must be filed within the same 45 days.  Otherwise, he should be barred from filing an appeal.  

Moreover, if he wanted the original judge to reconsider the decision, he had to file that motion within 20 days.  There is no way to extend this 20 day period.

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