We understand how emotionally and financially difficult it can be to go through court proceedings, only to feel that the outcome was unjust or flawed. Fortunately, if you believe a decision made by a family court is wrong in law or procedure, you may have grounds to appeal.
Here we explain how the appeals process works and key issues you will need to consider.
Grounds for appeal
You can only appeal a decision if there are legal grounds to do so. Simply disagreeing with the judge’s conclusion is not enough. Valid grounds for appeal may include:
- The judge made a significant error in law.
- The judge misunderstood or failed to consider evidence.
- There was a serious procedural irregularity (e.g. not being given a fair chance to present your case).
- The decision was plainly wrong, i.e. one that no reasonable judge could have made.
At this initial stage it is often helpful to obtain a written judgment and also a transcript of the hearing itself.
Permission
In most cases you will need to obtain permission to appeal. This can be granted by the judge who made the original decision or by the appeal court. Permission is only given if the court considers that the appeal has a real prospect of success or there is some other compelling reason for the appeal to be heard.
The appeal process
1. File the appellant’s notice
You must complete and submit the correct appeal form (usually Form N161) along with:
- Grounds of appeal (clearly stating your legal reasons).
- A copy of the order you are appealing.
- A skeleton argument and supporting documents.
- The appropriate court fee (unless exempt).
2. Time limits
Appeals must usually be lodged:
- Within 21 days of the decision being appealed.
- Shorter deadlines may apply in urgent children cases (e.g. within seven days). It is crucial to act quickly — delays may result in your appeal being refused.
3. Permission stage
The court will first decide whether to grant permission to appeal.
4. Appeal hearing
If permission is granted, the case proceeds to a full appeal hearing. The court will not re-hear the case in full but will consider whether the original decision was legally or procedurally flawed.
5. Outcome
The court can:
- Dismiss the appeal.
- Allow the appeal and vary or set aside the order.
- Order a re-hearing by a different judge.
Costs implications
Costs in family appeals can be a significant concern. It is important to be aware that:
- If your appeal is unsuccessful and found to be without merit, the court may order you to pay the other party’s costs.
- Conversely, if the appeal is successful, the court may consider whether the other side should pay your legal costs — but this is not guaranteed and it is unlikely to be 100% of your costs.
Costs orders are more common and courts may consider conduct and reasonableness when deciding whether to make one.
It is always best to get clear, early advice from a solicitor about the potential costs involved and your likelihood of success before embarking on an appeal.
Final thoughts
Appealing a family court decision is not a step to be taken lightly. The process can be complex and the legal thresholds high. However, if you have genuine concerns that an error has been made, an appeal may be the right course of action and at Weightmans we can advise you accordingly.
