Family Appeals Including London Appeals

When balancing the various factors affecting a financial claim and the welfare checklist affecting children, a Judge has a wide discretion.  This is very specific and deliberate decision by Parliament, because it is only he or she who hears the evidence, reads the documents and assesses the credibility and attitude of the parties.

That does not however mean that he or she got it right, and if he has got something very obviously wrong you can appeal.

You have got to show something serious. and that there is real injustice not just that the Judge reached one conclusion of several right ones but something that he got plainly wrong.

If you are going to appeal remember to ask for a stay of the Order so you do not have to comply with it or pay up, as the case may be, pending the appeal. You make this request of the judge whose decision you are appealing.

Normally you need permission to appeal.  You can ask the Judge who gave the ruling for permission or the Court above and you will need a copy of the transcript of the Judge’s decision.  This can take some weeks and cost at least £300 or £400 or more depending on the length of the hearing.

Practice Direction 30A says that a litigant in person can ask the Appellant’s lawyer if he or she has one for a copy of their note of the judgment, and that can be sent to the Judge asking him to confirm it is accurate.  This can then be sent into the Appeal Court.  This is quicker and cheaper than getting a transcript.

If you are ordering a transcript ask the Judge to make an Order that you can have one at public expense as otherwise you will have to pay for it – see above.

An appeal from a District Judge in the Family Court is through a Circuit Judge in the same Court.  This essentially is the same Court building and the same procedure except he will be called “Your Honour” instead of Sir or Madam.

An appeal from the Circuit Judge is through the Court of Appeal.

London appeal rules are different and expert advice should be sought.  The standards appeal time is 21 days but you can get an extension if a good reason.  The form is N161 and the notes attached to that form tell you what to attach with it.

If you cannot attach all that is required, just tick the box saying so and send it by follow up letter as soon as you can.

Sometimes when you are appealing you are alleging that there has been fraud, non-disclosure or undue influence and in the appeal notice you should make it clear that you want the Order set aside.

In case of non disclosure the Judge has to look at what evidence of non-disclosure was available at the time of the original hearing not now.

Usually if you discover non-disclosure you will be out of time and therefore you will have to apply for permission to appeal out of time.  The important thing is that as soon as you learn of the non-disclosure you must move very quickly.  If you do that you should get permission.  This is particularly so having taken legal advice.

If you want to make a complaint about Court facilities, staff or management ask the local Court Office for a copy of their forms and complaints policy and the same applies to CAFCASS who also have a formal complaints procedure.

Complaints about professionals should in the first instance be made to the professional and if you do get satisfaction, to their professional body.

Do not be cowed by professionals who will talk down to you.  At Hylton-Potts we offer straightforward advice in clear English at affordable prices and for fixed fees.

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