When a judge rules on case in family law, sometimes the parties involved don’t always agree with the decision. In this case, the parent or spouse involved may wonder if anything can be done to alter the decision. And sometimes there is. You can appeal a ruling.
In the appeal process, a request is made to a higher court in order to review the decision made by the lower court. However, in order for an appeal to made, there must be some evidence to show that a judge made a mistake in his or her ruling. In they did, then you may have grounds for what is known as an appealable order.
If it is determined that a judge did not act improperly in their ruling, then the decision will likely be upheld.
Appealable Orders
So what exactly is considered grounds for an appeal? Whether you have grounds for appeal will depend on two factors:
- Errors in law or;
- Errors in fact.
Say for instance a judge ruled that custody be awarded to an abusive parent. The other parent may be able to appeal in this case. This is because this could be considered an error in fact.
If a judge were to reach a conclusion that no other reasonable person could have reached based on the exiting evidence, then this would be an example of an error in fact.
In addition, appellate courts generally only hear appeals on final orders in a case. So you would not be able to appeal a decision until a ruling has first been made.
What an Appeal is Not
It’s important to note that an appeal is not a chance to retry a case, simply hoping for a different ruling. No new evidence will be presented. The appellate court is only going to have access to the testimonies and evidence that was available in the case to begin with.
After reviewing all evidence, the appellate court will determine if a decision needs to be overturned from the trial.
Now while this is certainly a possibility, family law court rulings are often based on fairness. These decisions are often left up to the discretion of the judge based on what is deemed fair within the law.
So while sometimes there are clear grounds for appeals, it’s not always so cut and dry in family law based on this very fact.
Because of this, if a judge’s decision is determined to be within what is “fair” in case, it’s going to be more difficult to overturn a ruling.
Should You Appeal Your Case?
The decision on whether to appeal your case or not really depends on the factors mentioned. But people make mistakes, even judges. So if your family law case is thought to be truly unfair, harmful, or wrong, then appealing your case may be a good idea.
If you do decide to appeal a court ruling, it generally needs to be appealed within 30 days from the day that an order was entered.
It’s important to understand that it can be a long process. However, the outcome may be worth it in the end to the party filing for an appeal.
For help filing an appeal, we encourage you to contact us.
