How do I prepare an appeal brief for family law in California?

Family Law Support Forum
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I’m trying to prepare an appeal brief for a family law matter in California. We’re in the process of adopting three children, and the termination of parental rights (TPR) was denied. The judge felt guardianship was enough and didn’t think adoption was necessary. I want to file the appeal today since I’ve read I have 60 days to do it. Does anyone have advice on preparing the brief or how to structure it?

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You’ll need to follow California’s court rules for appeal briefs. It should include stuff like a cover page, table of contents, and a table of authorities. Then break it down with sections like the statement of the case and legal arguments.

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@Zach
Thanks! What exactly goes in the table of authorities? I’m not sure what that’s supposed to look like.

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Shannon said:
@Zach
Thanks! What exactly goes in the table of authorities? I’m not sure what that’s supposed to look like.

Oh, it’s just a list of any laws, cases, or legal principles you cite in your brief with page numbers. It helps the court find them quickly.

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Make sure your arguments focus on any legal errors the judge might have made. Like, did the judge fail to apply the right standard for TPR? Or not consider the long-term benefits of adoption? Stuff like that.

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@Noa
That makes sense. The judge seemed to think guardianship was enough because the kids are safe, but we feel adoption offers more stability. Would that count as a legal error?

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Shannon said:
@Noa
That makes sense. The judge seemed to think guardianship was enough because the kids are safe, but we feel adoption offers more stability. Would that count as a legal error?

Yeah, you could argue that the judge didn’t fully consider the children’s best interest beyond just physical safety. Adoption gives legal and emotional security that guardianship doesn’t.

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Don’t forget the formatting rules! Use 14-point font, double-spacing, and one-inch margins. You also need a certificate of compliance at the end to confirm your brief follows the rules.

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Page said:
Don’t forget the formatting rules! Use 14-point font, double-spacing, and one-inch margins. You also need a certificate of compliance at the end to confirm your brief follows the rules.

Good to know, thanks! Do I need to include anything else to show I served it to the other parties?

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@Shannon
Yep, you’ll need a proof of service to show you served copies to everyone required.

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FYI, you can’t add new evidence at this stage. The appellate court only looks at the trial record and whether the judge made an unreasonable decision based on that.

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Lior said:
FYI, you can’t add new evidence at this stage. The appellate court only looks at the trial record and whether the judge made an unreasonable decision based on that.

Got it, thanks for the heads-up. I’ll stick to what’s already in the record.

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Make sure your introduction summarizes the case and what you want the court to do, like reversing the TPR decision.

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Zorion said:
Make sure your introduction summarizes the case and what you want the court to do, like reversing the TPR decision.

Thanks for the tip! I’ll be sure to include that.