A trial court’s ruling in a family law case isn’t always the final word. If you believe the judge made a legal mistake, you may have the right to file an appeal. Although appeals are complex and not often successful, they can be a powerful tool for correcting judicial errors. At the Law Office of Amanda J. Cook, PLLC, we help clients evaluate whether to appeal and guide them through the process.
When Should You Consider an Appeal?
Dissatisfaction alone isn’t enough to justify an appeal. You must show that the judge made a legal or procedural error—for example, misapplying the law or wrongly excluding critical evidence. Common appeal situations include unfair child custody rulings or incorrect spousal support awards. Keep in mind that trial judges have broad discretion, especially in matters like custody, so the burden of proving an error is high.
Steps to File an Appeal in Washington
Time is critical when appealing a family court decision. Here’s a general outline of what’s required:
- File a Notice of Appeal with the Superior Court clerk and pay the filing fee
- Serve the notice on the opposing party and complete a Certificate of Service
- Submit required documents, like a Designation of Clerk’s Papers and a Statement of Arrangements, to ensure the appellate court receives the full trial record
- Prepare and file your appellate brief, which argues the legal basis for reversing the decision
Appeals are based solely on the existing trial record. No new evidence or testimony is allowed.
The Role of the Appellate Brief
Your written brief is the centerpiece of your appeal. It must clearly identify the trial court’s error and support your argument with legal authority—statutes, case law, or constitutional provisions. Skilled legal writing and thorough legal research are essential. This is where having an experienced appellate attorney becomes invaluable.
Get Legal Support for Your Appeal
If you’re considering an appeal in a family law case, don’t wait. The Law Office of Amanda J. Cook, PLLC, offers the insight and experience needed to assess your case and advocate effectively. Contact us today for a confidential consultation.