How to Appeal a Judge's Decision in a DYFS Case
- 1). Review the rules of appellate procedure. File a timely notice of appeal with the appellate division of the superior court within 45 days of the order you seek to review. Provide copies of the notice to the clerk of court as well as to all parties involved in the proceeding. File a request for transcript with the appellate court. Submit a copy of the request for transcript to the court reporter.
- 2). Review the trial court's order and the transcripts of the hearing. Make notes of the trial court's findings of fact and ascertain whether they are supported by the record on appeal. Prepare a list of important facts elicited during the hearing showing how the trial court erred.
- 3). Review the applicable case law. Pay close attention to cases involving abuse and neglect and look for cases supporting your argument that the trial court's ruling is in conflict with the established law. Prepare a list of decisions that you plan to discuss in your brief.
- 4). Draft your appellate brief. Prepare a statement of facts with citations to the record. Address the findings of the trial judge and point out specific pages in the transcript which support your claim that the trial judge erred. Discuss case law which supports your argument.
- 5). Ask the court for oral argument by filing a timely written request within fourteen days after service of the respondent's brief. Prepare for argument by reading the record on appeal, the appellate briefs, and the case law cited in the briefs. Be prepared to explain why the opinions cited by your opponent do not apply in your case.
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