How to appeal an order from the family court.
Appealing a family court order is a formal process that requires specific steps. If you believe that a decision made in family court is wrong, either due to an error in law, fact, or procedure, you may be able to appeal. However, appeals are not granted automatically; you must first seek permission to appeal. Below is a general guide on how to appeal a family court order in England and Wales (processes may vary in other jurisdictions):
1. Obtain Permission to Appeal
Permission to appeal is required before an appeal can proceed. This can be requested from the judge who made the original order, or from the appeal court if the original judge refuses permission. If the decision under appeal is the decision of magistrates, permission to appeal is not required.
Permission is usually only granted if there is a reasonable prospect that the appeal will succeed, or if there is another compelling reason for the appeal to be heard (e.g., a significant procedural error).
Time limits: You usually have 21 days from the date the final order was made to request permission to appeal by filing the notice of appeal. If the appeal is against a case management decision, the notice of appeal must be filed within 7 days. It’s important to act quickly. If the deadline is missed, an application for permission to appeal out of time will have to be made.
2. Grounds for Appeal
An appeal must be based on valid grounds, such as:
The judge made an error of law or fact.
The judge’s decision was unjust due to serious procedural irregularities.
The decision was so unreasonable or disproportionate that no reasonable judge would have made it.
It is important to note that an appeal is not a rehearing of the case. The appeal court will not consider new evidence (except in very limited circumstances) or re-examine facts already decided unless there is a clear error.
3. Filing the Notice of Appeal
If you are granted permission to appeal, you need to file a Notice of Appeal. This is a formal document that sets out the grounds of your appeal and why you believe the original decision was wrong.
The notice should be filed with the relevant appeal court, which is usually the next higher court. For example, appeals from decisions made in the Family Court might go to the High Court or Court of Appeal, depending on the case and level of the judge who made the decision.
You must also provide any relevant supporting documents, such as:
The original order you are appealing against.
A transcript of the judgment (you may need to request this from the court).
A skeleton argument (a concise written argument setting out your case).
4. Serve the Notice of Appeal
After filing the appeal, you must serve (deliver) the notice and supporting documents to the other party involved in the case. They will then have the opportunity to respond to your appeal.
5. Preparing for the Appeal Hearing
After the appeal is filed, the court may set a date for a hearing. At the hearing, your barrister (or you, if representing yourself) will present the grounds for the appeal.
The appeal court will consider whether the original judge made a legal error or procedural mistake, and whether it was significant enough to warrant overturning or varying the original order.
6. Possible Outcomes
The appeal court can:
Uphold the original decision.
Vary the order (change specific parts).
Set aside the original order and make a new order.
Remit the case back to the original court for a rehearing or reconsideration.
7. Costs of Appeal
If you lose the appeal, you may be ordered to pay the other party’s legal costs. Conversely, if you win, the other party may be ordered to pay your costs.
Legal aid may be available in some cases, but only if you meet certain financial criteria and the case is deemed to have merit.
8. Seek Legal Advice
Family law appeals can be complex, and it’s often advisable to seek legal advice before pursuing an appeal. A solicitor or direct access barrister can help assess the merits of your case and guide you through the appeal process.
Key Documents for the Appeal:
The original family court order.
A transcript of the judgment (if necessary).
A skeleton argument outlining your grounds for appeal.
The Notice of Appeal and any supporting documents.
Conclusion
Appealing a family court order is a technical process, and success often depends on whether there is a clear error in the original decision. It is important to follow the correct legal procedures and ensure that you have strong grounds for your appeal before proceeding.
This document does not constitute legal advice, and is not a substitute for advice from a qualified professional.
Zubair Mughal is a specialist family law barrister, qualified to accept instructions under the direct access scheme. For further information on instructing Zubair for your family law matter, contact him today to arrange a free initial consultation.
