Appeal final hearing child arrangements

[Sarahd3342]

Hi

Please could anyone tell me their experience of appealing a final hearing decision regarding child arrangements. The final hearing was by magistrates and the CAFCASS officer cross examined. What were your specific reasons for appeal and was it successful?

Thanks.

Hi OP

You can appeal a final order within 21 days if you can show the decision was wrong or unjust because of procedural impropriety.

As it was heard by magistrates I'm assuming there were no allegations of violence/harm. The magistrates have a fairly wide discretion so it will be hard to argue it was wrong if the decision is in line with cafcass recommendations.

This document is really helpful
https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=www.rightsofwomen.org.uk/wp-content/uploads/2023/12/how-to-appeal-family-court-decisions-digital.pdf&ved=2ahUKEwi0goOkzfyLAxUdQEEAHeg3AhMQFnoECBYQBg&usg=AOvVaw1DQqHjiPfE53x8apXZ9Sv9

I appreciate you may not want to give specifics but a broad idea of what was ordered and what your concerns are may allow some more helpful advice as other people's successful arguments may not assist you.

I'm sorry you're going through this.

@Mooselooseinmyhoose I'm just wondering what the process was. There were allegations on both parts but neither of us were saying that it stopped either of us from seeing our child so it is with magistrates.
One party is v unhappy with the CAFCASS proposals. The final hearing has not happened yet but one of us is going to be unhappy with the outcome.
I understand permission is not needed if it's with a magistrate. Does that mean the party that applies for the appeal automatically gets the appeal? Or do they have to jump through hoops before the other party goes to the hearing? What's it called after a final hearing? An appeal hearing?

Ah I understand thanks for clarifying.

No need for permission to appeal from the magistrates. The party wanting to appeal files an N161 form within 21 days of the final hearing.
The grounds are the same as other courts the appellate must argue the decision is wrong (on the basis of the evidence not the party's personal view) or serious procedural irregularity.

Im not a family lawyer but my understanding is that where permission isn't required it would be listed for appeal hearing.

Good luck with the final hearing

@Mooselooseinmyhoose okay thank you. So seems pretty straightforward. Likely another hearing as I'm sure something could be found.