Family law cases can be among the most emotionally charged matters in the court system. In North Carolina, family law cases that are not resolved by settlement are litigated in district court in front of district court judges. Whether it’s divorce, child custody, child support, spousal support, equitable distribution, or termination of parental rights, the decisions that district court judges make can have a profound impact on your life and your family.
For many families, a final decision rendered by the trial court in an order or judgment marks the conclusion of their case. However, if you believe the trial court misinterpreted or misapplied the law, relied on improper evidence, or issued findings unsupported by the record, an appeal may be appropriate. In North Carolina, most family law appeals are heard by the North Carolina Court of Appeals, though some may go directly to the North Carolina Supreme Court under limited circumstances.
If you are considering appealing a decision in a family law case in North Carolina, it is important to understand how the appellate process works, what issues can be appealed, and what to expect. An experienced family law appellate attorney can help you understand the process and whether an appeal is appropriate for your specific case.
It is important to understand that an appeal to the North Carolina Court of Appeals is not a new trial. The North Carolina Court of Appeals does not hear new testimony, consider new evidence, or reweigh the credibility of witnesses. The Court of Appeals is usually limited to reviewing issues that were properly preserved in the record and legal arguments submitted in the form of appellate briefs. Generally, the record consists of transcripts of the court proceedings, evidence presented, and copies of the relevant documents in the court file. The Court of Appeals reviews the record and the briefs to determine whether the trial court judge made a legal or procedural error.
Trial court judges are vested with broad discretion in determining family law matters. Not every unfavorable ruling is appealable. Some common grounds for appeal in family law cases include:
– Incorrect application of North Carolina statutory law or case law
– Incorrect admission or exclusion of evidence
– Failure to make required findings of fact or conclusions of law
– Findings of fact were unsupported by competent evidence
– Violations of due process
– Procedural irregularities that prejudiced a party
In North Carolina, the timeline for filing an appeal is short and strictly enforced. Generally, a party must file and serve a Notice of Appeal within 30 days after the entry of the final judgment or order. An order or judgment is considered “entered” by the court when the order is both signed by the judge and stamped by the clerk of court. Failure to meet this deadline is almost always fatal to your appeal.
4. Meet With An Experienced Family Law Appellate Attorney
If you are considering an appeal in your family law case, it is important to act quickly and consult with an attorney experienced in family law appellate advocacy. Appellate deadlines, rules, and requirements are strict and unforgiving. It is important to consult with an attorney as soon as possible to review the trial court’s order and determine whether grounds for appeal exist. Even if an appeal isn’t the right path, other post-judgment remedies may be available.
Self-representation on an appeal is extraordinarily difficult and not recommended. An experienced attorney is the best chance you have to pursue a successful appeal of your case. Most family law attorneys do not handle appeals as the appellate system is entirely different than the district court system. Attorney Krista Peace with Blue Ridge Family Law Group is an experienced family law attorney who has handled numerous appeals. Her familiarity with handling both family law cases at the trial level and her experience with appeals makes her particularly effective in evaluating and pursuing family law appeals, which she handles throughout the State of North Carolina.
This post is intended for general informational purposes only and does not constitute legal advice. Every case is unique. For advice regarding your specific situation, consult with a licensed North Carolina family law attorney.