If you wish to appeal a family court decision, it is rare, but possible, to appeal an interim decision, however, most appeals occur at the end of a case when the trial judge has made his or her final decision.
- An appeals court may review an interim decision if the court is convinced that the trial court made such a grievous error in the middle of the case that it would be unfair to allow the case to proceed
- An appeals court may overturn a trial courts final decision only in cases where the judge made a mistake in applying the law to the facts of the case or reached a decision that is clearly unjust
Decisions made by the Appellate Court generally result in four findings:
- The court may affirm the trial court’s decision, meaning the trial court did nothing wrong
- The court may agree with the decision, but remand the case to the trial court to explain their decision more thoroughly and accurately
- The appeals court may agree that the court reached the wrong decision, and remand the case back to the court for a new hearing to come to the correct result
- The court may say the incorrect result was reached and reverse the decision without the need for further proceedings
If you are considering an appeal, it is important to understand that an appellate court will not overturn a trial court’s decision simply because a party is dissatisfied with the result. However, if you believe the judge made a mistake in applying the law to the facts of the case; that he or she reached an unjust decision or abused his or her discretion; or that the judge’s decision exclusion or inclusion of evidence is cause for reversal, it may be worthwhile to discuss your case with an experienced family law attorney.
Lake county, Illinois family law attorney Ronald L. Bell offers in person or telephone consultations to discuss your case. Schedule your consultation by calling 847-495-6000. You can also get in touch with attorney Bell by email by filling out his online contact form.