A family court ruling on matters like custody, support or property division can feel like the final word. There is a process, however, that allows you to seek a review of these decisions under certain conditions.
Grounds for a family court challenge
Not every unfavorable outcome in family court follows the same path to review. Challenging a judge’s final decision requires you to point to a legal error, procedural mistake or clearly unsupported factual finding. Objecting to a commissioner’s order, by contrast, opens the door to a broader review of the evidence by a family court judge.
Steps in the appellate process
In Delaware, civil disputes decided by the family court are appealed directly to the Supreme Court. The process can involve the following:
- Filing a notice of appeal: This formal document, submitted to the appellate court, signals your intent to seek review of the lower court’s ruling.
- Assembling the record: The court reviews the official record from the original proceedings, including hearing transcripts, admitted evidence and written orders.
- Submitting written briefs: Both parties file legal briefs presenting their arguments, with the appellant identifying the specific errors that allegedly affected the outcome.
- Receiving the court’s decision: After review, the court may affirm the original order, reverse it or remand the case to the lower court for further proceedings.
The appellate court does not hear new testimony or consider evidence outside the original record. A strong appeal depends on clearly identified errors in the lower court’s reasoning and a showing of how those errors affected the result.
Deadlines and filing requirements
Under Delaware law, you must file your notice of appeal within 30 days of the date the court enters the judgement onto its docket. Because the Supreme Court treats this deadline as a strict jurisdictional limit, missing it permanently forfeits your right to do so.
The distinction between a final and interlocutory order is also relevant here. A final order resolves all issues in the case, and the Supreme Court typically accepts appeals from final judgements only. If you wish to challenge a non-final ruling, you must satisfy the strict criteria governing interlocutory appeals.
Filing a notice does not automatically pause the family court’s existing ruling. In order to do so, you will need to file a formal Motion for Stay.
