Can I Appeal a Decision in My Family Law Case?

A family law appeal asks a higher court to review a decision made by a trial court judge. An appeal is not a new trial to a new judge. No witnesses testify and no evidence is presented. The appellate court reviews the trial record and written legal arguments to determine whether the trial court correctly applied the law and followed proper procedures.

How Long Do I Have to Appeal My Case?

Appellate deadlines are very strict, so it is important to consult an appellate attorney immediately after a court order is entered. In family law cases, a party must file a Notice of Appeal within 30 days after the court enters a written order.  If the Notice of Appeal is not filed on time, the right to appeal is usually lost.

Which Court Hears a Family Law Case on Appeal?

Most appeals of family law cases are heard by the North Carolina Court of Appeals. The Court of Appeals will review whether the trial court interpreted the law correctly, followed the rules of procedure, and made sufficient findings of fact.

A case may be reviewed by the North Carolina Supreme Court if:

• it involves constitutional questions
• there are conflicting decisions from the Court of Appeals
• the Supreme Court grants discretionary review for a case it feels warrants review

What Does the Court of Appeals Look For?

Appellate courts evaluate specific types of legal errors. Common grounds for appeal include:

• Incorrect Application of the Law: The trial court misunderstood or misapplied North Carolina statutes or case law.
• Insufficient Findings of Fact: The trial court must make detailed findings of fact to support its decision. The order is missing facts or the facts are not supported by the evidence.
• Abuse of Discretion: Trial judges have broad discretion in family law matters, but that discretion is not unlimited.
• Unreasonableness: A ruling that is clearly unreasonable may be overturned.
• Procedural Errors: Errors in procedure, such as excluding critical evidence, may also justify an appeal.

How Long Does a Family Law Appeal Take?

Appeals often take several months to over a year to resolve. Someone choosing to appeal a family law case has to obtain a written transcript of the hearing, as well as put together the “record”, which is a compilation of all the documents and evidence presented to the trial court that is relevant to the appeal. Appeals also involve detailed legal research and briefing (written argument) presented to the appellate court.  A three-judge panel will review the record and legal briefs before deciding the matter. Sometimes the appellate court will also ask the attorneys to appear for oral arguments where the appellate court will listen to the arguments and ask questions of the attorneys.

Should I Appeal My Family Law Case?

It is not always appropriate to appeal a family case.  An appeal is not appropriate just because you disagree with the outcome. There must be a clear legal issue, such as the legal errors specified above.

Should I Hire an Appellate Lawyer?

Appeals involve specialized legal skills that differ from trial practice, including detailed legal research, compelling legal writing, and a strong understanding of appellate procedures, including deadlines and rules. An experienced appellate lawyer can review the trial record and discern whether appellate issues exist and provide the specialized skill for appeals.

Touchstone Family Law represents clients in family law appeals throughout North Carolina.