Basics of Family Law Appeals~2 min read

Final family law decisions, such those that come from initial divorce and parenting orders can have lasting consequences. When a party believes a trial court’s decision was made in error, an appeal to the New Hampshire Supreme Court may be appropriate. However, appeals are not new trials. Appeals focus on whether the law was applied correctly. There are some core things you should know about family law appeals.

Mandatory vs. Discretionary Appeals

New Hampshire distinguishes between mandatory and discretionary appeals. Final divorce decrees are typically mandatory, meaning the Supreme Court must hear them. In contrast, many post-divorce matters, such as modifications of parenting plans or support, are discretionary and may be declined. Discretionary appeals will typically deal with clearer errors or novel points of law.

Timing and Procedure

Timing is critical. A Notice of Appeal must generally be filed within 30 days of the final order. However, this deadline can be tolled for timely filed Motions to Reconsider. On appeal, the appealing party, also known as the appellant, is required to prepare the record, including transcripts, an appendix with relevant information and submit a written brief arguing the legal errors. The opposing party may respond, and oral argument may be scheduled with the Supreme Court’s permission.

Standards of Review

The Supreme Court applies different standards depending on the issue. Legal questions are reviewed de novo, while most other issues related to factual findings and discretionary rulings are upheld unless clearly erroneous or an abuse of discretion. This deference can make family law appeals challenging.

Conclusion

Family law appeals provide a mechanism to correct legal errors, but strict deadlines and technical rules apply. Careful evaluation of the issues and experienced appellate advocacy, are essential to improving the likelihood of success. If you are considering an appeal, or find yourself subject to one, you should speak to one of our appellate law attorneys at Parnell, Michels & McKay. It is a serious and expensive decision. Our attorneys will explain the appeals process to help you better understand whether you have viable grounds for appeal, craft persuasive legal arguments, and navigate the procedural rules effectively. If you have questions about appeals, contact one of the experienced attorneys at Parnell, Michels & McKay. We will help defuse the appellate process and help you defend a good decision or ask the Supreme Court to remand an erroneous decision where warranted.