Supreme Court of Delaware

Hanna A. Layton and Linda A. Costas, Respondents Below-Appellants v. Jackson P. Layton, Petitioner Below-Appellee.

August 9, 2018192 A.3d 556

Summary

The Court denied the appellants' motion to stay and dismissed the appeal from the emergency removal order as moot because the children had already been transferred to the Father's physical custody. The Court also held that, even if the motion had been timely, the Family Court did not abuse its discretion in weighing the stay factors against relief. Any challenge to the underlying rescission order or the no-contact provision had to be raised in the separate appeal.