Family Court Appeals

Family Court Appeals involve extensive evaluation of the lower Court proceeding, preparing a legal brief that sets forth the facts of the case, the legal issues to be decided, the law the Court should apply and the decision we want the court to reach. This material and process is then presented before a specialized panel of judges.

There are certain procedures and deadlines that must be observed in order to preserve your right to an appeal. If you have a lower Court decision that you are dissatisfied with, you must act quickly to preserve your right to appeal.

Family Court Appeals go from the Superior Court to the Arizona Court of Appeals. A decision of the Court of Appeals may be appealed to the Arizona Supreme Court; however, the Arizona Supreme Court does not have to accept every case that is appealed from the Court of Appeals. Frequently, the Arizona Supreme Court will pass the case over, leaving the Court of Appeals' decision intact.

If you have met your deadline, the appeal can be filed. Once the appeal is filed, then the lower Court record must be gathered, analyzed, and transmitted to the Appellate Court. The Appellate Court will then ask the party who appealed to file the Opening Brief (a statement summarizing the case and facts). The other party gets a chance to respond, and the initial party gets to file a reply. If the court feels it necessary, they may order oral arguments. After all of the arguments have been presented the Appellate Court will issue a decision either reversing, upholding, or modifying the lower Court's decision.

If you are interested in contacting Owens & Perkins about a Family Court Appeal, click here or call us at 480.994.8824.