Family court judges have a tremendous amount of power over the lives of those who come before them. They make decisions regarding child custody, visitation rights, child support, alimony, and division of assets that can have long-lasting effects. However, family court judges are not all-powerful. Their decisions can be overruled under certain circumstances.
Potential target audiences for this article include:
- People going through a divorce or child custody case who want to understand the family court appeals process
- Family law attorneys looking to advise their clients on appeals options
- Judges and court staff who want to ensure proper procedures are followed
This article will cover who has the authority to overturn a family court judge’s ruling, the different appeal processes available, and factors that come into play when appeals courts review these cases.
Higher Courts
Within the court system, higher courts have the power to overrule decisions made by lower courts. When it comes to family court rulings, there are a few different courts that may review the case:
Appeals Court
Every state has an Appeals Court, which is an intermediate appellate court between the trial courts and the state Supreme Court. People who want to appeal a family court judge’s decision typically must first go through the Appeals Court.
The Appeals Court has the authority to overturn a family court ruling if they find there were significant legal errors or believe the judge abused their discretion. They examine the law, procedural rules, and facts of the case to make this determination. The Appeals Court may order a new trial, modify the original judgement, or uphold the lower court’s decision.
State Supreme Court
If a party in the case wants to challenge the Appeals Court’s ruling, they can request the state Supreme Court hear the case. The Supreme Court usually has discretion over which appeals they accept. They tend to focus on cases that involve substantial public policy issues or important legal principles to establish statewide precedent.
Like the Appeals Court, the state Supreme Court reviews the proceedings and judgement of the lower courts. They have the authority to overturn decisions due to errors in law or abuse of discretion. Their rulings set binding case law for the state.
Special Courts
Some states have special designated family courts or domestic relations courts that hear family law cases. Appeals from these courts may go to a specific court like the Family Court Appeals Panel or Judicial Appeals Panel before reaching the regular Appeals Court. These special appeals courts can overturn family court rulings using similar standards and procedures to the typical Appeals Court.
Grounds for Appeals
There are several potential grounds for appealing a family court decision. Common reasons to challenge a family court judge’s ruling include:
- Errors of law – The judge did not properly apply the law or precedent, misinterpreted a statute, or failed to fulfill procedural requirements.
- Abuse of discretion – The judge’s decision was clearly unreasonable, unfair, or arbitrary given the specific facts of the case.
- Judicial bias – There is evidence the judge was unfairly partial to one party over the other.
- New evidence – Significant evidence has been discovered since the original trial that may change the outcome.
The appeals court does not simply redo the lower court’s job or reweigh the evidence. Rather, they analyze whether there were legal errors that substantially impacted the judgement or fairness of the proceedings and ruling.
Child Custody Appeals
Child custody determinations can be some of the most complicated family court decisions subject to appeal. Appeals courts are especially hesitant to overturn lower court custody judgements. They give great deference to family court judges on these very fact-specific cases. However, flaws in certain factors may form the basis for a successful appeal:
- Best interests analysis – Failing to properly weigh all best interests factors for the child’s custody.
- Evidence evaluation – Clear errors in evaluating relevant evidence regarding parenting, abuse, etc.
- Improper procedures – Not following requirements like allowing both parents to present arguments or be represented by counsel.
- Bias – Making stereotypical assumptions about gender roles rather than considering individual circumstances.
Financial Appeals
Family court decisions regarding spousal support, child support, and division of property can also be appealed. Common grounds financial appeals include:
- Incorrect calculations – Mathematical errors in determining amounts owed based on income, expenses, assets, etc.
- Unequal distribution – Assets, debts, etc. were divided in a clearly inequitable disproportionate manner.
- Disregard of facts – Ignoring relevant evidence regarding finances or needs when issuing judgements.
Appeals related to financial family court judgements must demonstrate clear unfairness or tangible monetary harm from the lower court’s ruling.
Appeal Success Rates
Only a small percentage of family court decisions that are appealed end up being overturned. According to most estimates, appeals courts affirm around 70-80% of cases from lower family courts. Judges are given significant deference, especially when it comes to very discretionary decisions like child custody disputes. In order to improve the chances of a successful appeal, it is essential to have an experienced family law attorney identify appealable errors in law, bias, or abuse of discretion from the outset.
Family court judges wield great authority, but they are not the final word. Higher courts can step in to overturn decisions in certain situations, whether due to legal errors, unfairness, unreasonable judgements, or new evidence coming to light. The appeals process places important checks and balances on the family court system. Understanding the options for appealing and grounds for overturning family court rulings can help those embroiled in these difficult cases.
