Family Law Appeals in Grand Rapids

Are There Mistakes a Judge Could Have Made That Would Necessitate a Michigan Family Law Appeal?

Contrary to common perception, an appeal does not give a litigant a “second chance” to argue their case before a new set of judges. Instead, a successful appeal requires an appellant to prove that the trial judge committed a legal or procedural error. When the parent’s attorney brings a compelling argument that a trial judge made a mistake in a family law case, the appeals court can reverse the judge’s decision. The case will then be sent back to the trial court with instructions to enter a specific judgment or to hold further proceedings.

Common reasons to file a family law appeal include:

• The trial judge applied the wrong law or misapplied the law to the facts of the case
• The trial judge overlooked material evidence that could alter the judge’s conclusions
• The trial judge improperly admitted or excluded evidence
• The trial judge denied due process to a litigant, such as failing to provide proper notice, disallowing a litigant from presenting evidence, witnesses, or arguments, or erroneously denying procedural motions
• The trial judge erred in their factual findings, such as finding that a couple owned only one house when the record shows they owned two houses
• The trial judge’s decision went against the substantial weight of the evidence

What Is the Appeals Process for Michigan Family Law Cases?

In Michigan, a litigant may file two types of appeal: appeal as of right and appeal by leave. A litigant may file an appeal as of right to the Michigan Court of Appeals from a final order or judgment. An order or judgment becomes final when it resolves all issues between the parties. If the litigant is contesting a non-final order, they may do so through an appeal by leave, which requires the litigant to obtain permission from the court.

The appeals process in family law cases in Michigan begins with filing a claim of appeal or application for leave to appeal, which notifies the trial court and the Court of Appeals of your intent to appeal the trial court’s order or judgment. Your claim or application must include:

• A copy of the order or judgment you wish to appeal
• A register of decisions on the trial court’s docket you want to challenge
• A record showing you have ordered the trial court transcript

You must serve your claim or application on the opposing party or parties in the case.

After you file your claim or application, the Court of Appeals will assign your appeal a docket number and review your filing to determine whether your submission lacks any required information or documents and whether the court has jurisdiction to hear your appeal.

Once the Court of Appeals accepts your appeal, you must obtain the transcripts of the trial court proceedings and provide a copy of the transcripts to the appeals court.

In an appeal, you must submit a written document called a “brief” in which you present your arguments to the appellate court. Depending on your case’s subject matter, you have between 28 and 56 days to submit your brief to the appeals court. While the opposing party can file their own brief, you do not automatically win your appeal if the opposing party chooses not to do so. If the opposing party does file a brief, you can file a reply brief within 21 days.

The appeals court may schedule an oral argument, where each side can speak and answer the appellate judges’ questions for 15 or 30 minutes. After receiving the parties’ briefs and hearing oral arguments, the appellate court will issue a decision in a written opinion. If you believe the appeals court made a mistake in rendering its decision, you can file a motion for reconsideration within 21 days of the court’s opinion.

If the Court of Appeals rules against you, you can file an application for leave to appeal your case to the Michigan Supreme Court, which has the discretion to hear or reject your appeal.

What Are the Appeal Deadlines in Michigan Family Cases

The deadline for filing an appeal by right in Michigan family law cases is 21 days from the date that the family court issued the final judgment or order in question. If you file your claim of appeal after this deadline, the appeals court may treat your appeal as if you filed an appeal by leave (where you are asking for permission to file the appeal).

Because this is such a short window, having a family law appeals attorney represent you is crucial. When timely hired, they will file your appeal within the deadline and ensure everything is complete on the filing.

How Long Could the Appeal Process Take in Michigan?

The appeals process in Michigan takes several months. A party has up to 21 days to file an appeal, after which both parties file their briefs. Once the parties file their briefs, the appeals court will schedule oral arguments or set a date for submission several months in the future. After receiving the parties’ briefs and oral arguments, the appeals court will take at least several weeks to issue a decision. If custody is not at issue, decisions can often be made at least one year after initially filing the claim of appeal.