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Successful Family Court Appeals

Successful Family Court Appeals

Successful Family Court Appeals

A Second Chance

Jeff J. Horn – Appellate Lawyer

Successful Family Court Appeals give you a second chance. Unfortunately, you went to Family Court and lost. What are your options?

Successful Family Court Appeals – Options

  • Live with the results and make the best of it.
  • File a motion for reconsideration. Must be filed within 20 days of the Order. Warning, Judges do not like reversing themselves. 
  • File an appeal to the Appellate Division.

What goes into a successful Family Court appeal?

  1.  Demonstrate the error made by the family court judge.
  2.  Challenge the facts found by the family court judge
  3.  Analyze and distinguish the law utilized by the family court judge
  4.  Successful Family Court Appeals require:
  5.  Filing  a notice of appeal within 45 days of the order.  in New Jersey, appeals are filed electronically. 
  6.  Payment of the filing fee.
  7.  Ordering and paying for the transcripts.

Settling your Family Court Appeal

Naturally, your notice of appeal and case information statement will identify grounds for appeal and point headings.  Surprisingly, many appeals are resolved via settlement. In fact, retired Appellate Division Judges mediate many Family Court Appeals.

What happens if I win my family court appeal?

Of course, this is the only important question. Under 25% of appeals result in reversal or Rheem aunt. a ream and gets sent back to the trial court. Most successful Family Court appeals result in a remand. Fortunately, you have  proved the  family court judge made an error. Now, you must get the fact and the law right.  By and large, post-appeal remands are settled. The family court judge on remand, wants to do a good job. Of course, the family court judge wants the result to be correct. Remember, Family Court judges are humans, bright, capable and competitive. 

A remand is ordered to correct mistakes. 

Beware making the next mistake. Naturally, you and your family court lawyer or pleased with a remand. You won. On the contrary, you also bought more Family Court litigation. A remand is a tool. Optimally, utilize the tool for leverage.

Occasionally, the Appellate Division reverses the family court.

 

Rarely, the Appellate Division reverses the entire decision of the family court judge. In such case, the Appellate Division decides the issue.  however, even then, some pieces of your family court case may land back in the hands of the family court judge.  Bask in the light of Victory, but, remain focused on good long-term decision-making.

Successful Family Court  Appeals take organization and persistence.

Here are words straight from the New Jersey Appellate Division and links to the home page.

The Appellate Division of the Superior Court is New Jersey’s intermediate Appellate Court.  It is generally composed of 32 judges who sit in two and three judge panels chosen from parts consisting of four judges.  Appellate Division judges hear appeals from decisions of the trial courts, the Tax Court, and State administrative agencies.  The Appellate Division decides approximately 6,500 appeals and 10,000 motions each year.

The Appellate Division considers appeals timely taken as of right from the final judgments of the Law Division and the Chancery Division of the Superior Court, final judgments of the Tax Court and final decisions of state administrative agencies.  Litigants requiring Appellate Division review of interlocutory or interim orders of a trial court or agency may do so only with leave of the Court.  This requires the filing of a motion for leave to appeal, which may be granted and ruled upon immediately, granted and permitted to be processed for a later determination, or denied.  If leave is denied, the party seeking review may do so as of right following the final judgment of the trial court or final decision of the administrative agency.

Link to New Jersey Appellate Division

 

Photo by Luca Dugaro on Unsplash

 

A word on Appeals.