Appealing a Family Law Decision in California
As a team of legal professionals well-versed in CA family law, we see our clients contend with one unfortunate fact about the family law system: it is not perfect. In fact, there are many instances where judges and family law officials make mistakes, misunderstand facts, or dictate the law in a way that is incorrect, inconsistent, or unfair.
Considering this reality, the courts do have mechanisms where individuals can look to have a family law agreement, ruling, or decision reviewed and re-assessed for potential changes. Known as an appeal, this process is both time consuming and expensive. However, the resulting circumstances are often worth the time and effort especially if it prevents bad or incorrect legal decisions from hanging over your head in the long-term.
Situations that Could Warrant an Appeal
When it comes to family law appeals, either ex-spouse can choose to initiate an appeal whether the decision was initially favorable or unfavorable to their cause. Some of the main reasons for an appeal include:
- The family law courts made a decision that does not align with the facts presented at trial
- The family law courts applied the law incorrectly when making their decision
- The ruling or decision creates an inequitable outcome
Appeals can be filed for nearly any portion of the overall divorce outcome, and often involve situations or disagreements on child custody/visitation, alimony, child support, restraining orders, and more.
Filing an Appeal with the CA Family Law Courts
Preparing an appeal in the state of California is a lengthy and difficult process. It involves filing an appeal with the state and waiting for a court of panel judges to review it. They also take the time to review the other party’s response as well as any other relevant factors or circumstances.
Once this process is completed, the judges then apply a “standard of review” to the facts to determine whether the appeals has grounds or not. Based on their assessment, they will either uphold the original decision, reverse it, or toss it out entirely. They’ll also schedule any follow up hearings or procedures to address any pending items based on the resulting outcome.
It goes without saying that the chances of an appeal being successful can be influenced by a variety of factors, including some that may be entirely out of your control. The best way to prepare is to have an experienced attorney help guide you through the appellate process from beginning to end.
At White Oak Law, we work tirelessly on behalf of every client. With decades of experience, our team is able to help you with any and all matters relating to family law in California.
Give us a call at 925-271-0999 to speak with our team today. Book an appointment at your earliest convenience to learn more about how our CA family law attorneys can help.