If the RI Family Court Judge makes an error of law or makes incorrect factual determinations, then a litigant can file an appeal to the Rhode Island Supreme Court.
RI divorce appeal lawyer
A decision from a Magistrate or a General Magistrate in Rhode Island is appealed to the Chief Judge of the RI family Court. The Chief Judge will typically delegate the appeal to an Associate Justice for determination.
Rhode Island divorce lawyer, David Slepkow, has extensive experience representing clients in all types of Family Court matters including divorce, child custody, restraining orders and family law matters.
David utilizes his vast RI Family Court experience to aid him in his domestic family law appellate practice in front of the Rhode Island Supreme Court. In 2018, David Slepkow was voted a top 3 attorney in Rhode Island by the Providence Journal Reader’s choice poll.
Rhode Island divorce appellate attorney, David Slepkow
David is a skilled and experienced legal writer who will clearly and persuasively set forth your legal arguments to the Rhode Island Supreme Court. David will passionately advocate for your legal position in oral arguments before the RI Supreme Court. Under Rhode Island law, a litigant has the right to appeal any final order, judgment or Decision of the Rhode Island Family Court to the Rhode Island Supreme Court. David won a significant appeal in front of the RI Supreme Court in a 5-0 decision in favor of his client.
- Divorce appeal to RI Supreme Court
- Child custody appeal to Rhode Island Supreme Court
- Family Law appeal
“Writ of Certiori” to the Rhode Island Supreme Court
In the event that there is no final decision in the case, a litigant aggrieved by an unfair order or decision may seek a “Writ of Certiori” to the Rhode Island Supreme Court. A Writ of Certiori is essentially asking the RI Supreme Court to review the case and overturn the incorrect decision.
Rhode Island Supreme Court can determine an appeal
Under established Supreme Court precedent, the Rhode Island Supreme Court can determine an appeal and can use its inherent supervisory powers to fashion a remedy. This is a very rare outcome. Normally, the top Court either affirms or overturns the decision of the lower court. The RI Supreme Court could also affirm in part and overturn in part. The matter could also be remanded for further hearings.
The RI Supreme Court could do anything including: overturning the decision, deciding the case or remanding the case back to the trial judge. See Cardinale v. Cardinale, 889 A.2d 210, 223 (R.I. 2006) (Stating that the Rhode Island Supreme Court may utilize its “inherent supervisory powers to fashion remedies.”)***
Providence Family Court appeal attorney
As part of your appeal you can ask the Supreme Court to stay the order of the Providence Family Court pending a determination of the appeal. Rhode Island divorce lawyer, David Slepkow, will evaluate the merits of the potential appeal to the Rhode Island Supreme Court.
If the answer to any of the following questions is yes, you should seek a free appeal consult with a Rhode Island divorce, child custody and family law appellate attorney.
- Have you been denied an evidentiary hearing by a judge?
- Has a Rhode Island Family Court Justice committed an error of law or fact?
- Has the judge refused to consider your point of view?
- Were you wronged by an unfair order that you never agreed to, that was issued in a backroom conference without a hearing?
- Did the judge issue an order or decision after trial or hearing that is financially impossible to comply with?
- Have you or your child been treated unfairly by a RI Family Court Judge?
- Has the judge overlooked, ignored or refused to consider important evidence or information?
- Is your case being continued incessantly by the judge in a manner that is hurting your legal position and allowing the other side to get an unfair advantage.
- Did the Judge issue a custody decision that was not in the best interest of your child?
If you have been wronged, appeal it!
If you feel that you have been wronged by a decision of a Rhode Island Family Court Judge then you have a legal right to seek appellate review. If there has been a final decision on your case, the proper process may be filing an appeal to the Rhode Island Supreme Court.
If the entire case has not been completely decided but you have been wronged by an order or decision of a judge, then you may need to file a petition to The Rhode Island Supreme Court seeking a Writ of Certiori. If you have been wronged by a decision of a Family Court Magistrate or General Magistrate, you can appeal directly to the Chief Judge of the Rhode Island Family Court without the time and expense of appealing to the Supreme Court. These appeals are governed by an administrative order of the Family Court and are appellate in nature. Appeals from Magistrates and General Magistrates are not de-novo appeals.
Please be aware that Supreme Court appeals are very time consuming for a RI divorce lawyer and are expensive
***”In light of our acquaintance with this divorce proceeding and the fact that we have the complete record before us, we decline to remand this case for a recalculation of equitable distribution of the marital assets or alimony. The level of rancor between the parties and counsel and the unfortunate posture taken by the trial justice have prompted us to direct the remedy in this case. Although we seldom deem it necessary to resort to our inherent supervisory powers to fashion remedies, we have done so on occasion to end seemingly interminable litigation. This case presents us with such a controversy. See Lancellotti v. Lancellotti, 543 A.2d 680, 682 (R.I.1988); Cheetham v. Cheetham, 121 R.I. 337, 342, 397 A.2d 1331, 1334 (1979). “[W]e have all the necessary information available to us such that we may use our inherent power to apply tenets of justice and fairness to the factual findings of the [trial] justice, and fashion an appropriate remedy. Tanner v. Town Council of East Greenwich, 880 A.2d 784, 801 (R.I.2005).” Cardinale v. Cardinale, 889 A.2d 210, 223 (R.I. 2006)
Legal Notice per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.