How to Appeal a Family Court Decision.

Feeling overwhelmed by a family court decision you believe is unfair?

Navigating the appeal process can seem daunting, but it is essential for those looking to challenge a court ruling.

Whether it’s a matter of custody, financial arrangements, or other significant family issues, understanding the appeals process is key.

This article aims to clarify your options, the grounds for appeal, and what to expect as you move forward.

If you are a parent currently going through family court, it is highly recommended that you join PAPA Plus and make use of our courses and other resources.

If you require direct assistance with your case, you can also book a call with PAPA

Should You Consider an Appeal?

Before you dive headfirst into the appeal process, it’s essential to carefully consider whether it makes sense for your specific case.

Here are some vital factors to contemplate:

1. Nature of the Decision: Determine if the family's court decision is eligible for appeal. For instance, final orders regarding child custody, long-term financial support, or property division are typically appealing decisions, while procedural rulings may not be.

   
   

2. Impact on Your Life: Reflect on how the ruling affects your family dynamics. If the decision significantly changes custody arrangements or child visitation rights, it may justify an appeal. For example, if a court’s ruling changes a parent's custody from shared to sole, leading to an 80% reduction in time spent with the child, pursuing an appeal could be warranted.

   
   

3. Emotional and Financial Considerations: The appeal process can take a toll on your emotional well-being and wallets. Consider if you’re prepared for the potential stress and the costs that could rise to thousands of pounds in legal fees throughout the process.

   
   

4. Advice from PAPA: Speak with one of our team, who are experienced in family court. They can help you understand if your reasons for appeal hold up against legal standards and if it is worth pursuing. Sometimes, a second opinion may offer a fresh perspective on your situation.

   
   

Publishing your intention to appeal is a decision best not taken lightly.

Make sure you have carefully considered all options before proceeding.

Do You Have Grounds to Appeal?

It is crucial to establish valid grounds for an appeal in family court.

A difference of opinion with a court's ruling is typically not enough.

Here are some key grounds you may consider:

1. Incorrect Application of Law: If you believe that the court misinterpreted the law, this could justify an appeal. For example, if a court incorrectly applies child support guidelines that lead to an unfair financial burden, it might warrant an appeal.

   
   

2. Procedural Errors: If the court failed to follow procedural rules, a breach of due process could be grounds for appeal. For instance, if new evidence was available but not considered during the original hearing, this could significantly impact the final decision.

   
   

3. New Evidence: If new evidence arises that could meaningfully change the outcome of the case, it may be useful for your appeal. For instance, new information regarding a parent’s substance abuse may be vital in a custody dispute.

   
   

4. Unreasonable Findings: Should the findings seem irrational, such as determining a child should live with an unstable parent based on minimal evidence, this could be grounds for appeal.

   
   

5. Bias or Misconduct: If a judge was biased or acted improperly during the decision-making process, presenting evidence to support this claim could impact the legitimacy of the court's decision.

   
   

Always seek advice to evaluate the strength of your appeal before moving forward.

If you wish to speak to PAPA about your situation, you can book a call here.

What is the Appeal Process?

An appeal must be submitted to a higher court than the one where the original order was made.

Therefore, if the order was issued by magistrates, it needs to be reviewed by a judge, and if it was issued by a judge, it must be reviewed by a circuit level judge (or higher), and so on.

This does not mean you can immediately take it to the highest court in the country (such as the Supreme Court or the European Court of Human Rights).

To file an appeal, you need to complete form N161 along with the fee (usually £569).

However, you must submit more than just this form and fee.

You will need to prepare a bundle as well.

This bundle is not the same one used in the hearing that resulted in the order you are appealing.

Essentially, your appeal is a separate case (focused on the order), requiring you to create a new bundle from scratch to demonstrate the strength of your argument.

You may also need a transcript of the hearing.

Understanding the step-by-step process involved in filing an appeal is crucial to navigating the system effectively.

Here are the main stages you’ll encounter:

1. Filing the Appeal

Begin by sending a notice of appeal to the court. This serves as formal notification of your intent to contest the court’s original ruling.

2. Time Limits

Keep in mind that appeals typically must be filed within 21 days of receiving the court's decision. Missing this deadline may prevent your case from being heard, so timing is critical.

3. Gathering Evidence

Collect all necessary documents, including transcripts from the original court hearings and any other evidence supporting your position.

4. Drafting the Appeal

An effective appeal will articulate your grounds and provide supporting evidence. Depending on your level of comfort, you might represent yourself or consult with PAPA or similar to draft the appeal document carefully.

5. Court Hearing

The appeal will be presented in a higher court, such as the Court of Appeal or High Court. Each party will present their arguments, and a judge will evaluate the case based on the evidence provided.

6. Awaiting the Decision

You will receive a written judgment from the court once deliberations are complete. The outcome could either maintain, modify, or completely overturn the original ruling.

7. Further Appeals

If the outcome is still unsatisfactory, it might be possible to apply for further appeal to the Supreme Court, though very few cases are accepted at this level, as they generally involve significant legal questions.

Understanding this process will help you plan your next steps, and consulting with experts can provide essential guidance through each stage.

Is It Worth Appealing?

Determining the worthiness of an appeal requires careful consideration of several factors:

1. Chance of Success: With input from PAPA or similar, assess the likelihood of a successful appeal. A weak case may not justify the costs or emotional drain involved.

   
   

2. Financial Considerations: Appeals can lead to additional costs, easily running into thousands of pounds. Consider if the potential benefits of a favourable ruling are worth the financial commitment.

   
   

3. Emotional Toll: Assess your emotional readiness for this challenging journey. Appeals can be demanding and might rekindle old tensions.

   
   

4. Long-Term Outcomes: Think about how an appeal will affect your situation long term. Will the potential ruling lead to a better arrangement for you and your family?

   
   

5. Desire for Fair Resolution: Ultimately, the heart of the appeal is about achieving a just outcome. If you feel the initial ruling conflicts with the principles of fairness and justice, pursuing an appeal could be worthwhile.

   
   

Keep in mind, deciding whether to appeal is highly individual and depends on the nuances of each case.

Equipping yourself with a thorough understanding of your options will empower you to make a decision aligned with your best interests.

Moving Forward

Facing an unfavourable family court decision can feel isolating, but understanding the appeal process can provide clarity and direction.

If you choose to pursue an appeal, ensure you have valid grounds and a comprehensive understanding of the steps involved.

Weighing the emotional and financial factors against the likelihood of a favourable outcome will help ensure your decision is well-informed and reflective of your unique situation.

Engaging an experienced solicitor provides crucial support throughout this complex journey.

Family courts aim to promote justice.

If you believe an error was made, you have every right to seek an appeal.

In need of help or support?

If you are an alienated parent reading this article and feel you are in need of help and support then please make sure to join PAPA today by signing up here on our website.

This will give you access to our community support forum as well as our Resource Centre, which includes downloadable guides and on-demand courses to help through the process of being alienated and regaining contact with your children.

We also have our Facebook support group that you can join here.

Our Facebook support group has several dedicated chat rooms where you can get immediate support.

If you are a member of PAPA you can also send us a message here on the website and we will try to get back to you as soon as possible but please bear in mind, we have hundreds of messages weekly so it may take us a while to get back to you.

We are currently prioritising PAPA Plus members due to high demand.

Regardless of circumstance you are not alone and at PAPA we are here to support you.

Become a PAPA Ambassador

If you like our resources, articles and support networks and agree with what we stand for then why not get involved and help us push PAPA further by joining our Ambassador Program?

We would love for you to join us and help spread awareness for parental alienation and all of the dynamics involved so that we can continue to help parents and children towards a better future.

Our Ambassador Program allows you to grow your involvement with the cause by earning points on your membership.

To earn points we have created rewards for actions such as completing one of our courses, booking a case review, or ordering supply.

We will be adding new rewards and actions to our Ambassador Program as we continue to grow our awareness efforts.

We want our members to feel rewarded for their support as we continue to look for new ways to improve the lives of those impacted by parental alienation.

You can also become a PAPA Plus member, which will give you exclusive access to even more help and resources.

Each PAPA Plus membership makes a huge difference to the cause as it really helps us to improve our services and our awareness campaigns.

Proceeds from memberships and supply allow us to push the cause much further towards raising awareness and improving our services and resources so that we can continue to help more and more parents and children.

Thank you for reading and for your continued support of PAPA and our mission to end parental alienation.