How To Appeal A Family Court Decision
If a family court decision has not gone in your favour, in most cases there will be legal options available to you, including bringing an appeal.
When considering this option, it is important to understand your legal standing and the chances of winning an appeal in a UK family court. In this article, we will explain when you can appeal a family court decision, how to appeal, and what the courts will look at when considering your appeal.
Can A Family Court Decision Be Appealed?
Losing a family law case can be extremely distressing regardless of the circumstances of the case. If there are concerns of bias or an unfair judge in a UK family court this can lead to confusion, leaving parties unsure how to proceed.
You may be able to appeal a family court decision if you have the proper legal grounds for doing so.
The appeal court will normally allow an appeal if the decision made by the lower family court was wrong due to an error of law, error of fact, or an error in the way the court used its discretion. A decision may also be appealed if it was ‘unjust’. A decision may be unjust if the judge follows the wrong legal procedure or if there were other irregularities. Such irregularities must be extremely serious in nature, for example, where the judge does not make a finding on a key issue in the case.
Remember you cannot appeal because you disagree with the judge's decision. In most cases, you will need to ask the permission of a judge to bring an appeal unless this was granted at your hearing by the judge in the lower court.
If you are unsure whether you have the proper grounds to appeal a UK family law decision, it is important to seek advice from a family law solicitor who can provide guidance and support based on your unique circumstances.
When Do I Need To Appeal A UK Family Court Decision?
In order to get a chance of winning an appeal in family court, you will normally need to submit your appeal application following a family court decision within a set deadline. The deadline depends on a number of factors, as explained below:
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If appealing to the Court of Appeal, you will normally have 21 days to appeal from the decision of the lower court
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The deadline given to you by the judge in the lower court whose decision you are appealing
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If appealing a case management decision or an interim care order under Section 38 (1) of the Children Act 1989, you will normally have 7 days to appeal from when the decision was made.
What Happens Next in a Family Law Appeal?
After submitting your appeal, there are a number of steps in the process. We’ve outlined these below so you know what to expect when wondering about your own chances of winning an appeal in a UK family court.
Second Step of The Appeal – Respondent Given Notice
After receiving your appeal notice, the court sends the respondent (the person you are appealing against) copies of the documents you provided with your application. If the notice was filed in the Court of Appeal, you will need to serve notice on the respondent within 7 days of the date of the appellant’s notice being filed. You will need to provide them with a copy of the notice stamped by the court seal and details of the grounds of appeal.
Third Step of The Appeal – Permission to appeal granted or refused
The judge considering your matter will decide whether you grant or refuse your appeal (if permission was needed). In some cases, permission may be granted but with certain limitations that must be adhered to. Assuming you have permission to appeal, you can now proceed to the appeal. If it was refused, in some cases you may be able to ask the judge to reconsider the decision.
Final Step of The Appeal – Appeal hearing
If you receive permission to appeal, arrangements will be made for your appeal hearing. The court will send you a notice setting out when your appeal will be heard and what you need to prepare for the appeal hearing. These instructions are referred to as court ‘directions’.
It is important to understand that an appeal judge will not normally consider new evidence being presented at your hearing. Depending on the outcome of your matter, the judge may also issue a ‘costs order’ requiring one party to cover the legal costs of the other.
Speak To Us About Appealing A Family Court Decision
This article provides a high level summary of how to appeal a family court decision in the UK.
To improve chances of winning an appeal in family court, it is sensible to engage the services of a family law solicitor, who can help you to understand the complex legal procedures and the appeals process of your specific case. This is especially so when attempting to appeal on the basis of actual or apparent bias by a judge in a lower court, and we advise seeking support as early on in the process as you can.
Guillaumes LLP Solicitors is a full-service law firm based in Weybridge, Surrey. Our highly experienced family law team can assist you with all relationship matters. To make an appointment, please call us on 01932 840 111.
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