Fighting Back When the Court Gets It Wrong

Men frequently face challenges when navigating the family court system. It often feels as if women are given the benefit of the doubt, and men are left dealing with the outcome. However, seemingly unfair rulings are not always the end of the story. An appeal is possible. Unfortunately, there are common challenges men face in family law appeals.

First, it’s important to recognize that an appeal is not the same as a judgment modification. The former is an attempt to overturn an order issued by the court. By comparison, a modification is merely a request to update an existing order. What you’ll find is an appeal is typically a more difficult process — but understanding the common challenges can help you overcome them.

Establishing Grounds for an Appeal

Perhaps the most difficult aspect of appealing a family court decision is establishing the grounds for doing so. Many people believe they can appeal any decision they feel is unfair. This is not the case. In reality, men hoping to successfully appeal a decision must show that a specific legal error occurred. This can be an extremely difficult task.

The biggest issue is identifying valid legal grounds — such as procedural errors, incorrect application of the law, or abuse of judicial discretion. While it may seem unfair, family law judges are given a tremendous amount of discretion in their decisions. In many cases, appeals courts will defer to the original trial court’s decision.

However, this isn’t always the case. If you can establish that a true miscarriage of justice occurred, an appeals court may opt to overturn the family court judge’s decision. Still, you should not use this legal tool lightly. If a judge knows you appealed their decision, and your attempt is unsuccessful, the family court may view you negatively moving forward.

Proving Judicial Error

Believing that judicial error occurred is one thing, but proving it is a different task entirely. However, that’s exactly what you’ll need to do in order to prevail. As a common challenge that men face in family law appeals, there’s plenty of information online regarding how to be successful in this endeavor.

What you’ll find is that most successful appeals are based on the following evidence:

  • Official transcripts of proceedings showing improper procedures
  • Court records showing that one party was not notified of hearings
  • Case law showing the court’s ruling deviated from established case law
  • Documentation or witness statements indicating potential bias by the judge
  • Evidence of disproportionate rulings
  • Analysis showing that key evidence was misinterpreted
  • Expert reports claiming that a judge had an improper finding of fact
  • Documentation showing an attorney had a conflict of interest or was otherwise ineffective

This list is certainly lengthy, but it is by no means complete. Any evidence establishing procedural errors, incorrect application of the law, abuse of judicial discretion, failure to consider relevant evidence, improper findings of fact, or other errors may serve as sufficient grounds for your appeal.

This can be a difficult process, so it’s typically advisable to seek legal assistance with family law appeals.

Financial and Time Constraints

Even if the family court handed down an unfair ruling, it’s not easy to have such a ruling overturned. Doing so can be expensive and time-consuming. Legal fees and transcript costs are just the tip of the iceberg. Men may find it financially challenging to pursue an appeal — particularly if they’re already facing financial constraints such as alimony and child support.

When limited resources combine with the extensive time required to appeal, it becomes clear why so few family law judgments are overturned. An appeal can last several months to years. This is a stressful endeavor, particularly if you opt to handle the process without legal assistance. In most cases, having an attorney handle things for you is ideal.

Emotional Stress and Perception Issues

The most common challenges that men face in family law appeals relate to the law. However, it’s important not to overlook the personal challenges faced by those who want a more equitable outcome. For instance, the appeal process can prolong conflicts with the other party and negatively impact children. Both these can be incredibly stressful.

Men may also perceive a certain bias against them in family law cases. Unfortunately, this perception can extend to the appeals process. This can make an individual feel as if their quest for justice is pointless and doomed to fail. Sadly, bias still persists in family law — but you shouldn’t let this interfere with your focus on securing justice.

Just because a battle is uphill does not mean the battle isn’t worth fighting. And with an experienced legal advocate on your side, you’ll have a dedicated partner in this fight.

Technical Legal Challenges

In a perfect world, a father who faced an improper ruling in court would be able to simply request a review by an appeals court. Unfortunately, it’s nowhere near this simple. One of the primary challenges men face in family law appeals is the technical requirements necessary under the law. Appeals require detailed written briefs that argue relevant case law and legal points.

Properly preparing legal briefs requires a high level of legal proficiency. Additionally, you’ll be required to make oral arguments to the appeals court. This is very different from standing in front of a family court, and presenting your case to an appeals judge or panel can be extremely intimidating. Your argument must also be compelling and persuasive.

Unfortunately, this is where many men fail in their journey to overturn a fair ruling. At the American Divorce Association for Men, our legal team can handle this and all other appeals tasks on your behalf. Contact us at 248-290-6675 to discuss your options during a free consultation.