Family law appeals are unique and unlike any other appellate process. This is because of the guiding “standard of review” and the constantly evolving facts of family law cases. It is not uncommon that, by the time the appellant’s opening brief is completed, there is another proceeding that has been brought in the family law trial court. This complicates both the proceeding on appeal and the underlying matter.

Is it worth it to appeal in a family law case? Except in rare cases, family law appeals are rarely worth undertaking. The primary reason for this position is that most family law appellate issues are guided by a standard of “deferential abuse of discretion.” This means that if any conceivable reason is found to uphold the decision of the trial judge, the judgment will be affirmed. Therefore, even if the trial judge was wrong as to the basis for the decision, his or her ruling will be affirmed if there is any reason whatsoever to uphold it.

After handling many family law appeals, it is my personal opinion that the courts of appeal place a high burden on family law appellants because they don’t want family law litigation coming to the appellate courts. Family law cases are typically very contentious and dynamic. The appellate record ultimately ebbs and flows (or becomes wholly irrelevant) as events constantly unfold in the family dynamic. Accordingly, tremendous discretion is afforded the family law trial judge and affirming the family law trial court’s judgment is more or less a foregone conclusion.

On the other hand, from time to time, a family law case presents a compelling issue of procedural, evidentiary or constitutional law, or a unique set of facts that has not yet been addressed in the realm of a legal opinion. In such cases, the standard of review may be more promising to the appellant, increasing the chances of getting serious attention from the appellate courts.

Saving money in family law appeals. In the event it is necessary to take a family law appeal, a substantial reduction of costs is possible through the use of rules permitting the compilation of the record on appeal by the parties.

Call (661) 287-6100 for a free 30 minute telephone consultation regarding your questions about appeals, post-conviction matters, expungement and pardons.