T·R
← Search

19 GCA § 5125

Appeals

Guam Code AnnotatedTitle 19 — Personal Relations
View official PDF ↗

(a)Any interested party aggrieved by order or decree of the Family Division may appeal said order or decree to Supreme Court of Guam. The pendency of appeal shall not suspend the order of the Family Division regarding a child nor shall it discharge the child from custody of that court or of the person, institution, or agency, including the Department of Youth Affairs, into whose care such child shall have been committed. If the Supreme Court does not dismiss the proceedings and discharge the child, it shall affirm or modify the order of the Family Division and remand the child to the jurisdiction of that court for supervision and care, and thereafter the child shall be and remain under the jurisdiction of the Family Division or of the institution to which he has been committed in the same manner as if no appeal had been taken.

(b)A child may appeal from a decision of the Family Division to certify him as an adult, but such appeal may be taken only if the child is convicted of the underlying offense. The Government may not appeal from a decision of the Family Division not to certify the child. If the decision to certify the child is upheld, any remand shall be deemed to be a remand to the court which had jurisdiction over such child at the time the appeal was taken.

§ The story of this section

  1. Affected by P.L. 17-12 § 2 (bill & sponsor pending — earlier Legislature not yet ingested)

Interpreted by the courts:

  • 1997 Guam 6People of the Territory of Guam vs. Dwayne S. Quenga (1997) · per Peter C. Siguenza, J. · cited at ¶6
  • 2023 Guam 13In the Interest of D.S., S.S, R.H., J.S., and S.S., Minors (2023) · per Robert J. Torres, J. · pinpoints (a) at ¶18

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.