Decisions in family court can be life-changing. This is especially the case in situations involving child custody, support arrangements, or the division of marital assets.
If you believe the outcome was wrong or unfair, you may want to consider an appeal. Not every decision can be appealed, and strict rules apply. In this post, we’ll explain some of the ways you may be able to appeal.
Dealing with divorce or family legal matters? Our experienced team can provide the help and support you need. Explore our Divorce and Family Law section to learn more about how BGW can help.
What are the grounds for appeal?
An appeal isn’t about contesting a decision simply because you’re unhappy with the outcome. You will require solid legal grounds to challenge the decision. Common reasons include:
- The judge made an error in applying the law.
- Key evidence was overlooked or not properly considered.
- The decision was so unreasonable that no other judge would have made it.
In other words, you have to show that something went seriously wrong in how the court reached its conclusion, not just that you disagree with it.
What types of Family Court decisions can be appealed?
Not every order in Family Court can be appealed, and the rules vary depending on the type of decision. Below are some of the most common family court decisions where an appeal may be possible.
Child arrangement orders
It’s possible to appeal decisions about where a child lives, who they spend time with, or other arrangements set by the court. However, you must be able to show that the judge made a mistake in law or in how they assessed the evidence. Learn more about child arrangement orders.
Financial orders after divorce
Decisions such as how assets, pensions, or property are divided can be appealed, but only if there is a clear error. Simply being unhappy with the settlement is not enough. You’ll need to demonstrate that the judge acted outside their powers, ignored important evidence, or applied the law incorrectly. Learn more about how assets are divided in a divorce.
Care proceedings & adoption orders
These cases are usually complex and sensitive. If a child has been placed into care or an adoption order has been made, strict deadlines apply, and the grounds for appeal must be strong. Courts will always prioritise the child’s best interests, so specialist legal advice is essential.
How do I start the appeal process?
The first step is to file an appeal notice with the court. This must be done within the time limit (usually 21 days from the date of the decision, unless the court sets a different deadline) and supported by your reasons for appeal.
There are set forms depending on the type of case, such as Form N161 (Appellant’s Notice) for appeals to a higher court.
It’s strongly advised to have legal representation when you appeal. The process is technical, and the court will expect your paperwork and arguments to be properly presented. Using the wrong form or missing key details can cause delays or even mean your appeal is rejected.
Do I need permission to appeal?
In most family law cases, you will need permission (known as leave to appeal). A judge will consider whether your appeal has a real chance of success or raises an important legal issue.
If permission is refused at court, you may still be able to apply directly to the appeal court, but this must be done quickly and carefully.
What happens if my appeal is successful?
Even if your appeal is successful, there is no guarantee that the decision will be overturned immediately. Following your appeal, the court has several options:
- The original decision can be set aside.
- The case may be sent back for a new hearing with a different judge.
- In some cases, the appeal court may make a fresh order.
Do I need legal advice to make an appeal?
While it’s not a legal requirement, it’s strongly recommended to be represented. Family law appeals are complex, with strict deadlines. Having a solicitor ensures your case is properly argued and gives you the best chance of success.
BGW Solicitors can provide clear, sympathetic, and effective guidance so you can move forward with confidence. We will do everything we can to make sure your appeal has the best chance of success, ensuring any paperwork or documentation is filled out correctly and submitted on time.
If you’re considering appealing a family law decision, contact us today to schedule a consultation with one of our experienced solicitors. We’re here to support you every step of the way.