Background: family law case about child residence - 4-day fact-finding hearing last Feb. ExH unhappy with outcome and has sought permission to appeal to the Royal Courts of Justice. Both parties are litigants in person.
On Sat I received two letters, one being Listing Window Notification Letter say the appeal will now proceed "but only on those grounds for which permission has been granted". The other letter was about support services. There is nothing to say what are the grounds on which he's been permitted to appeal. Does this mean that there is a letter still in the post to tell me? Do I have to wait for the bundle? Otherwise, how do I find out? ExH will cheerfully mislead me if he can (and will claim he just didn't understand).
I haven't seen a proposed bundle as yet - we had to proceed without a bundle in the original hearing, as exH said he'd do one then didn't do it, and refused to consider one prepared by me. If he can get away with it, I think he'll try to exclude the reasoned judgement given by the judge after the fact-finding hearing. I haven't take the steps to get this transcript - I presume I should now do so as a matter of urgency? Of course, without knowing the reasons why leave to appeal was granted, it's only guesswork as to what arguments I need to make.
Also, if exH does succeed in demonstrating some technical irregularity, what is the consequence? Is it referred back for another hearing, or do we automatically go back to the status quo before the case started, despite a Social Services recommendation about it not being in the best interests of the child?
If anyone can recommend any resources, they'd be welcome. I have to admit that I felt a bit shaky on getting this letter - I thought he'd be refused permission to appeal. Any advice welcome.
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11 replies
bibliomania · 13/06/2016 15:58
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Familylawsolicitor ·
14/06/2016 22:19
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babybarrister ·
15/06/2016 09:25
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Familylawsolicitor ·
15/06/2016 22:51
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Familylawsolicitor ·
16/06/2016 13:45
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