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Successfully Appealing a Family Courts Order for Residency

15 replies

NameChangerinDespair · 09/01/2021 21:42

There is, inevitably a huge back story, but my question is pretty brief: has anyone successfully appealed a Family Court judgment on a point of law?

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NameChangerinDespair · 10/01/2021 01:08

Bump

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Seasaltyhair · 10/01/2021 01:11

I’ve known two parents that tried to and they were treated quite badly tbh. Family court is worse than criminal court.

NameChangerinDespair · 10/01/2021 01:55

Can you give more info @seasaltyhair?

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Seasaltyhair · 10/01/2021 08:55

On both cases once the final decision was made both parents that tried to appeal were treated as if they were hostile and causing trouble.

NameChangerinDespair · 10/01/2021 12:48

Oh.

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NameChangerinDespair · 10/01/2021 19:05

Bump.

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Collaborate · 12/01/2021 09:48

This is the wrong question for you to be asking. Each case is different. Just because someone's appeal got shot down in flames doesn't mean to say yours would.

No one here can advise on the prospects of successfully appealing. We'd need to read the full judgment, and the pleadings in your case, together with a transcript of the evidence. There's no prospect of any of that happening, so the only thing you can do is make an appointment to see a lawyer - perhaps a direct access barrister. But you need to lodge your appeal within 14 days of the order being made.

NameChangerinDespair · 12/01/2021 15:55

I realise that one case has no bearing on another, I suppose I wanted that glimmer of hope that it sometimes happened.

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Collaborate · 12/01/2021 17:21

Of course it sometimes happens, but the cases that are brought are usually ones where a lawyer has advised there are reasonable prospects of success. You can't just appeal because you don't like the outcome. You have to understand why the judgment was wrong in law.

NameChangerinDespair · 13/01/2021 18:23

I am waiting for clarification on that point.

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Collaborate · 14/01/2021 06:27

@NameChangerinDespair

I am waiting for clarification on that point.
From whom?
NameChangerinDespair · 14/01/2021 12:35

My Counsel.

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NameChangerinDespair · 18/01/2021 17:48

Does anyone have any encouraging stories of successful appeal against a residency ruling in the Family Courts when it all seemed bleak?

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Collaborate · 18/01/2021 19:31

Rely on what your barrister advises you.

NameChangerinDespair · 18/01/2021 19:47

She went straight into a ten-day case so has not been available.

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