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Dec 11, 2018 · Sometimes one comes across a judgment that is chock-full of noteworthy points. Mr Justice Holman’s judgment in NO v JL is one such judgment. The judgment contains many valuable lessons for any parent involved in a dispute over arrangements for their children.
Mar 28, 2022 · This blog contains tips for parents giving evidence in court. Including what is likely to happen on the day and how to present yourself (and your case) in the best possible way, and help reduce nerves and anxiety which are inevitable.
- About this guide
- When you can appeal against the outcome of a case
- Before you make an appeal
- Which court you can appeal to
- What happens next
- Appeal and hearing centres
- Get more information
This guide will help you if you want to appeal against a court decision in civil and family appeals. It will tell you:
•what to consider before you appeal
•what you need to make an appeal
•what to expect from the appeals process
You can find more information about making an appeal in the guidance notes that come with the appellant’s notice forms N161, N161A, N164, FP161 or FP161A.
You can get a copy of the forms and notes for guidance (including for the Court of Appeal).
You cannot appeal against the lower court’s decision just because you think the judge ‘got it wrong’. You can only appeal if you have proper legal grounds – for example, if you can show that the decision was wrong because of a serious mistake or because the procedure was not followed properly.
If you are in any doubt about your grounds for appeal, you should get advice from a legal representative, law centre or advice agency.
You may need permission to appeal
In most cases, you will have to ask a judge’s permission to appeal (unless you were already granted permission at your hearing). The judge will only grant this permission if they think the appeal has a real chance of succeeding or in family proceedings, there is some other valid reason for your appeal to be heard.
You need to act quickly
Once the court has made its decision, you have a limited time in which to appeal. You must file your appellant’s notice: within the time limit set by the judge whose order you are appealing against in family proceedings where that judge has set no time limit but the appeal is against a case management decision or an interim care order under Section 38 (1) of the Children Act 1989, within 7 days after the date of the decision you want to appeal against was made if the judge sets no time limit, within 21 days of the decision you want to appeal against
You may need legal advice
Court staff cannot give legal advice, for example whether you should appeal or whether your appeal will be successful. The success of your appeal is likely to depend on detailed legal and procedural points, so we strongly advise you to get advice from a legal representative. You can also get free legal information and advice from a law centre or Citizens Advice.
Civil cases
The general rule is that an appeal will be heard by the next level of judge, for example an appeal against a decision of a district judge in the County Court will be heard by the circuit judge in the County Court, and an appeal against a decision of a judge of the High Court will be dealt with by the Court of Appeal.
Civil cases, other than insolvency proceedings
County Court High Court Intellectual Property Enterprise Court (IPEC)
Civil cases, insolvency proceedings
County Court High Court Family cases proceedings in the Principal Registry of the Family Division, including proceedings under the Inheritance (Provision for Family and Dependants) Act 1975 and proceedings under the Trusts of Land and Appointment of Trustees Act 1996.
Once you have filed an appellant’s notice, the court will send copies of all the documents you have filed to the respondent. If you want to send copies to the respondent yourself, you must tell the court. Court staff will send you copies stamped with the court seal, which you must send to the respondent within 7 days of the date you filed your appellant’s notice.
What happens next will depend on whether or not you are asking permission to appeal, and the outcome of that application.
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If you have a disability that makes going to court or communicating difficult, or you need any information in an alternative format, for example large print, please contact the court concerned who will be able to help you. You can find contact details for all of our courts online. HM Courts and Tribunals Service is an agency of the Ministry of Justice, responsible for the administration of the criminal, civil and family courts and tribunals in England and Wales and non-devolved tribunals in Scotland and Northern Ireland. It provides a fair, efficient and effective justice system delivered independently. We aim to make sure that everyone receives prompt access to justice depending on their different needs, whether they are victims or witnesses of crime, defendants accused of crimes, in debt, children at risk of harm, businesses involved in commercial disputes, or when asserting their employment rights or challenging the decisions of government bodies. Back to top
Sep 5, 2024 · This page explains the different types of hearing that you might have in private family law cases, including the First Hearing Dispute Resolution Appointment, fact finding hearings and final hearings.
Feb 3, 2023 · A judge has written to two brothers to explain his ruling in a custody battle. Judge John McKendrick, who sits at the Central Family Court in London, had presided over a case to decide how much...
Apr 15, 2022 · Below are some of the factors judges consider when making a child custody determination, along with the ten most common mistakes made by men during custody battles. This should provide a checklist of what not to do during a custody battle.
People also ask
When can a family court decision be appealed?
Does Race Matter in a child custody case?
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Is a surrogacy agreement relevant in a child custody case?
Awarding custody to the natural mother, the judge said the children’s welfare was the first and paramount consideration, and the surrogacy agreement was irrelevant except insofar as it might reflect on the fitness of the parties (which in this case it did not).
