Family Court Appeal
No court is infallible or beyond question. The United States and many open, democratic countries are proud of this tradition, and it’s because of this recognition that the appeal process exists. An appeal is a request for a review when you feel a mistake has been made in your case. When mistakes occur, some of the most common is the court not understanding the full facts of a case or even the law used in the wrong way.
Family Court Appeals
The petitioner (the person who initiated the case) or the respondent (the person the original case was against) can file for an appeal within the family court. Your lawyer begins the appeals process. The Appellate Division of the court hears your appeal.
There is a firm line between not agreeing with a decision and possessing the legal backing or grounds to appeal one. You may not file for an appeal just because you disagree with a decision. Rather, it must be brought to the court’s attention that mistakes might have occurred, and you objected to said potential mistakes during the trial. The judge registers your objections within the trial as “preserving an issue for appeal.”
What are the potential outcomes?
There are four potential outcomes during the appeal process:
- Reverse – This means the Appellate Division rules that the original ruling was wrong and cancels the decision. This is the best scenario for the appealing party.
- Remand – Another favorable outcome for the appealing party, when a remand is ordered, the Family Court must agree to hear the case again.
- Affirm – As the word sounds, when the Appellate Division affirms the decision, then the decision remains the same.
- Modify – Lastly, the Appellate Division can also rule to modify a part of the court decision. In general, modifications are very specific and targeted.
The Appeal Process
The first step is to serve the respondent with a Notice of Appeal. These vary state-by-state but normally include the following:
● Name
● The Order (and date)
● The Ruling Court
● Name of the Court to Review the Appeal
If you received a family court order in court, then you have 30 days to file the Notice of Appeal. If the order arrived via mail, you have 35 days from the day it was mailed. After you’ve filed, you will need to pay for the full transcripts of your case. At this point, you’ll be required to “perfect the appeal.”
For many, this means preparing a record of the case and a brief – a legal argument that explains the reasons behind your appeal. The brief is then filed with the Appellate Division, and the respondent receives a copy.
