DIVORCE APPEALS
Family Law Appellate Practice
DURHAM DIVORCE APPEALS LAWYER
If you have received an unfavorable outcome in a recent family court hearing and are considering an appeal, we may be able to help. Many family law orders, whether equitable distribution, child custody, or support rulings, can be appealed if the order is a final determination and not a temporary order and there are grounds for the appeal. Appeals in family law matters are not as common as in other types of litigation or criminal law, but require the same attention to detail and knowledge of application of the law for success. Barry Payne is an experienced appellate lawyer, having successfully briefed and argued appeals in a range of family law matters from domestic violence to the termination of a parent’s rights.
The appellate process of a case is very different from the civil process of a matter in family court. The Court of Appeals has specific rules and stringent deadlines that can easily complicate an appeal. On receipt of any Order from the district court, either party has the option of appealing the decision and that decision must be made quickly. If you believe your family law matter should be appealed, time is of the essence. An appeal must be filed within 30 days of entry of the Order or it will barred from consideration by the appellate court.
It is not uncommon for one or both parties to be unhappy with a ruling of the court. Not liking an outcome is not sufficient cause to seek an appeal nor is it sufficient for a decision to be overturned. District Court Judges are allowed broad discretion in their decisions and the Court of Appeals Judges are limited in their ability to overturn a decision. For an appellate court to reverse a trial court’s decision there typically must be a finding that one of the following occurred:
- An abuse of discretion;
- A lack of jurisdiction;
- Failure to adhere to statutory mandates or procedures; or
- A lack of supporting findings or evidence.
Generally the appellate courts only do a “paper review” of the written record of a case, and if any arguments are provided they are limited to brief oral arguments by counsel. In addition, the court of appeals will only hear issues covered in the family court trial and will not consider any new evidence. In other words, the Court of Appeals is not the place for you to re-try your case or to be heard on something that wasn’t presented in family court. In the event that the Court of Appeals rules in your favor, your case may then be re-heard in family court.
An appeal can be a costly and time consuming process. Depending on the circumstances involved you may have alternate options such as a modification or amendment of the order. After all, no one wants to go through the tedious process of an appeal to have the same result. To discuss your options and find out if you have a viable appeals case, call or email Barri today.
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