§ 19-9-94.Appeals
Chapter 9. Child Custody Proceedings · Article 3. Uniform Child Custody Jurisdiction and Enforcement Act · Part 3. Jurisdiction and Enforcement of Foreign Decrees · Last amended 2001 · Last verified October 9, 2026
Full Text of § 19-9-94
Plain-English Summary
This section answers two questions every losing party asks: can I appeal, and does the order wait while I do? The answer to the first is yes. An appeal may be taken from a final order in a proceeding under the UCCJEA, and it proceeds in accordance with the expedited appellate procedures used in other civil cases. The section doesn’t spell out those procedures; it borrows whatever expedited track applies to other civil cases.
The answer to the second is usually no. The enforcing court may not stay an order enforcing a child custody determination pending appeal. A parent who loses an enforcement hearing generally has to comply — the child goes to the petitioner — while the appeal runs. That rule keeps the appeal from becoming a way to hold on to the child through delay.
The one exception is a temporary emergency order under § 19-9-64. That section gives a Georgia court temporary emergency jurisdiction when the child is present in Georgia and has been abandoned, or when it’s necessary in an emergency to protect the child because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse. If the enforcing court enters such an order, the no-stay rule gives way.
Frequently Asked Questions
Can I appeal a Georgia order enforcing an out-of-state custody decree?
Yes. An appeal may be taken from a final order in a proceeding under the UCCJEA in accordance with the expedited appellate procedures in other civil cases. This section doesn’t set its own deadlines; it borrows the expedited procedures that already apply to other civil appeals.
Does filing an appeal stop a custody enforcement order in Georgia?
Generally no. The enforcing court may not stay an order enforcing a child custody determination pending appeal. The only exception is when the court enters a temporary emergency order under § 19-9-64. Otherwise the enforcing court can’t pause the order while the appeal goes forward. The section limits only the enforcing court; it doesn’t address what an appellate court may do.
Do I have to turn over my child while I appeal a custody enforcement order?
Usually yes. Because the enforcing court may not stay an enforcement order pending appeal, the order generally must be followed while the appeal runs. The exception is a temporary emergency order under § 19-9-64, which a court may enter when the child is in Georgia and has been abandoned, or when an emergency requires protecting the child because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.
Which UCCJEA orders can be appealed?
Final orders in a proceeding under the Act. The section speaks of an appeal from a final order in a proceeding under this article, which covers the whole UCCJEA, not only enforcement. It doesn’t address appeals from interim or temporary rulings.
Can the judge pause the enforcement order to protect my child during an appeal?
Only through a temporary emergency order under § 19-9-64. That section applies when the child is present in Georgia and has been abandoned, or when an emergency requires protecting the child because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse. Without such an order, the enforcing court may not stay its enforcement order pending appeal.
Amendment History
Laws 2001, p. 129, § 1.