Sometimes a case presents a unique set of facts that stump even the most seasoned attorneys and judges. Fortunately, when mistakes or errors happen in court cases there is a process for correcting those errors. In these and other situations, it may be beneficial to appeal a family law decision. An appeal can be time-consuming and complex, but appeals not only provide an opportunity to get a second-opinion from a higher court, but also to shape the future of family law in California.
You do not have to manage the appeal process alone. At ADZ Law, our experienced attorneys have the knowledge and skill to appeal family law decisions. We understand how to navigate the California appeals system. No matter what type of family court case is involved, we help you determine whether an appeal may be advantageous in your case and guide you through the process every step of the way.
When to Appeal Family Law Decisions
An appeal requests that a higher court review the decision made by your lower court judge and overturn that decision. The review is based on the law and facts in your case. Generally, only the party who lost at the trial court level, who is referred to as the aggrieved party, may appeal.
However, because divorces involve so many issues, either party can usually appeal a family law decision based on the parts of the opinion that did not go their way. An appeal can result from issues related to:
There are several reasons why California family law cases are appealed, including:
- The judge applied the wrong law to the case.
- The judge’s decision does not match the facts presented at trial.
- An issue in the case has no legal precedent.
- The law, as applied, created an inequitable outcome.
Generally, you may have grounds to appeal your family law case if there was a significant error, unfair outcome, or no precedent on which the judge could base the decision. Appeals of family law decisions are an important tool for creating legal precedent, correcting judicial errors, and holding courts accountable — but not every divorce trial or custody hearing results in an appeal. The attorneys at ADZ Law have the knowledge and experience to help you evaluate options, determine the best course of action, and guide you through the appellate process.
How Does an Appeal Work in Family Law
An appeal of a family law decision must be filed within 60 days from the date of the filing of a Notice of Entry of Judgment, or within 180 days after a court order or judgment was filed if there was no Notice of Entry of Judgment filed.
Preparing an appeal takes a lot of work, including ordering transcripts and researching legal issues. To file an appeal on time, it is crucial to talk to a family law appeals attorney immediately after the court enters an order.
Reviewing Your Appeal
After an appeal is filed, a panel of Court of Appeal judges reviews it, along with any response filed by the opposing party. In most cases, the panel also listens to oral arguments from both parties. The panel then applies the appropriate standard of review, which is the lens that the judges use to review the trial judge’s decision, such as:
- Abuse of discretion, for discretionary issues like discovery or restraining orders
- Substantial evidence, for fact-based decisions
- De novo review, for legal errors or applying the wrong law
Using these standards, the Court of Appeal determines if a mistake was made and may affirm (uphold), reverse (overturn), or vacate (throw out) the trial court’s decision. If the appellate court reverses or vacates a trial court’s decision, the appellate decision usually remands the case to the trial court for additional hearings and orders.
Emergency Appeal Reviews
In some situations, a writ can be filed with the Court of Appeal to obtain an emergency review of a specific issue. The Court resolves writs much faster than a standard appeal of a family law decision. A writ can sometimes be used in the middle of a case when time is of the essence. Commonly used family law writs relate to:
- Prejudgment child custody and visitation orders made ex parte (without a hearing) or at a Request for Order hearing
- Orders for exclusive use and possession of the marital home or vehicle before judgment
- Discovery issues
- Orders denying continuance of the trial
- Orders denying a motion to quash for lack of personal jurisdiction
California Supreme Court Appeals
A party who disagrees with a decision from the Court of Appeal may ask the California Supreme Court to review the case. Generally, a petition for review in the California Supreme Court must be filed within 40 days after the Court of Appeal opinion is filed. Our experienced family law appeals attorneys at ADZ Law guide clients in determining whether to file a petition for review and whether the Supreme Court is likely to accept the request and review a case.
Issues to Consider Before Filing Appeals in Family Law Cases
Appeals are not just a second shot at a trial. In an appeal of a family law decision, the parties cannot submit new evidence or update the Court of Appeal about what happened after the order or judgment was entered. Instead, the Court of Appeal looks at the same facts presented at trial and reviews the trial court’s decision based on established statutes and prior case law.
Disagreement with a judge’s decision alone does not mean there is a legal basis for an appeal. Instead, your family law appeals lawyer must carefully review the record to determine if any errors were made and then advise you whether there is a basis for appeal.
Except in the case of writs, it can take the Court of Appeal up to a year to issue an opinion. That is a long time for families to live under an inequitable ruling. Sometimes it is faster, easier, and less expensive to file trial court motions to modify or correct an error, such as:
- Motion for reconsideration, to point out legal errors
- Motion to set aside or vacate judgment, for equitable arguments or when new evidence is discovered after the fact
- Post-judgment motion to modify child custody, visitation, or child support, when circumstances change after the order is entered
