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Appeal Court Order

3 replies

ODPmum1986 · 03/07/2025 21:25

Hello there any solicitor mums on here who can help???
I attended family court yesterday for the first time for a court order. The applicant (the father) wanted many orders to be considered. He was granted parental responsibility yesterday (our son is nearly 9). He asked for our son’s surname to change from mine to his. The magistrate said he would not order this. That we should negotiate outside of court. Suggesting we might double barrel the name. We then went out to mediate with caffcass regarding the shared care rota. THe father would not agree. We came back into court. The law advisor asked us both if we were happen to have the final court order today put in place. We both said yes. The magistrate ordered the rota and then also said he was changing our son’s name to double barrel the surname. We never had a discussion about this. I contested this as he said he wasn’t go to make an order. The legal advisor confirmed that is what he had previously said. The magistrate asked the father if he was happy with just my surname. He said no so the magistrate said then I decide it’s double barrelled. I feel I have good grounds for appeal as the process was not adhered to. I also feel there could be a sexual discrimination case here? Any thoughts ??

OP posts:
FlowerPower2525 · 03/07/2025 21:33

Did you come across as not willing to allow anything regarding name / care etc.
Dh ex did that. She was adamant it was going to be her way . The judge ended up saying she was clearly being controlling, asked dh if he would want more than he asked for in the application and gave him more.

I'm not saying you were being like that I'm just wondering if the judge had enough of the back and forth or something

JustAnotherLawyer2 · 04/07/2025 13:22

Go ahead and appeal - the magistrates appear to have made an error, as the child is known as the name he already has, and has been for 9 years.

You don't need permission to appeal mags - just go ahead and do it.

ODPmum1986 · 04/07/2025 16:14

No not at all. The father was asking for a lot of orders ie forbid me from moving, wanting to hold the passport, etc. they did want to wrap the case up as we were deliberating (mediating for so long). They were keen for us to get it sorting in one sitting. It’s just how can he make an order on something neither me or the father discussed as he said we would have to deal with that outside the court room.

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