Appeal in family law court(9 Posts)
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Hi does anyone know if you would be allowed to appeal a final hearing order 4-5 months after the court case ending. The case was child contact. He did not turn up on the day and written only contact 6 times a year and a non molestation order for a year made. The case was drawn out over 2 years and the stress was horrendous and now it seems to be starting all over again.
Is he actually appealing the order that was made or do you mean he’s made another application?
Won't get away with appealing. If he's lodged an appeal the court will refuse to list it.
As MissMalice says, nothing to stop him applying to vary it though he may well get short shrift from the court for filing to engage with the previous proceedings.
The grounds for appealing are very limited legal grounds I.e. not just because someone is unhappy with the outcome. Permission to appeal is the first stage. Usually this should be sought promptly within 21 days.
Appealing is an expensive process. It is important to take legal advice on the availability and merits of any appeal.
That being said a fresh application for an order/an application to vary the order can be made esp if a significant change in circumstances has occurred. If someone keeps making vexatious applications then the court can impose a bar meaning they would need persmission to apply in future (and so their application would not just automatically get issued by the court office).
People often like to say they will appeal if they don’t like the outcome as though it is some absolute right but actually it isn’t. If the Judge was right on the law and the procedure then you really have no where to go save for trying to make some changes to your life and circumstances and trying to come back in future to show that what would be in the child’s best interests has changed.
Thanks everyone that is what I thought. He is very difficult to deal with (abusive narcissistic personality) as he has no legal representation and does it all himself he thinks he has the right to do as he wishes.
Court papers just arrived he wants the non mol order withdrawn and a new trial! He has submitted no documentation with the paperwork says will be filed within 21 days. I cannot afford to have a solicitor this time around. Am I right in thinking he does need to have approval to appeal he can't just decide he wants to
Was the order made by a judge, or by magistrates?
MrsBertBibby it was made by a district judge
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