In Michigan, if a father is rewarded custody, the mother does not comply with the judges orders. She has been charged with parental kidnapping. If she has filed an appeal, will the appeal even be heard?
1 Answer from Attorneys
While her appeal may be heard, it does not "stay" the original order. The lower court's order still stands unless modified by the higher court. The appellate court has the ability to stay the lower court order but this must normally be requested in the higher court by a motion.