Appeals in Family law cases

Guidance only

Do you need permission to appeal before making an appeal to the Court of Appeal?

Here is the direct link to the guidance
 
https://www.gov.uk/guidance/appeal-to-the-court-of-appeal-civil-division

In all civil and family cases, permission to appeal is required except in appeals against:

The automatic right to an oral hearing on applying for permission to appeal to the Court of Appeal was abolished on 3 October 2016. This is one of a number of recent changes to the procedural rules governing appeals, introduced against the backdrop of an overburdened and delay-ridden system.

  • skeleton argument 

A skeleton argument contains the main points which you want to argue. It enables the court to understand your case before the hearing. It should include the reasons why you think the lower court judgment was wrong or unjust because of a serious procedural or other irregularity.

I am a Respondent to an appeal. Do I have to file a skeleton argument?

If you are represented, you should file a skeleton argument

I am a Respondent. I would like to file a Respondent's Notice.

You must file a Respondent's Notice

 if you wish to ask the appeal court to uphold the lower court order for reasons different from or additional to those given by the court whose decision you want to appeal. There is a fee applicable to the filing of a Respondent's Notice. A full schedule of fees can be found in Form 200.

Time Limits

What is the time limit, please read?

There are different time limits for different appeals. Time runs from the date the decision being appealed was made, not the date the order reflecting that decision was sealed. Generally, an appellant has 21 days to file an appeal. Time limits depend upon the type of order you want to appeal ( Form 202). Generally, these vary between 7 days and 6 weeks from the date of decision you want to appeal. The judge whose decision you want to appeal can allow a longer period. The Court of Appeal has the power to grant an extension of time for filing an Appellant’s Notice, but an application for an extension of time must be made within the Appellant’s Notice, with full reasons.

Costs Cost to Appeal can be found on this link http://formfinder.hmctsformfinder.justice.gov.uk/form-200-eng.pdf

Decision of: Appeal made to

Magistrates’ Court Circuit judge 

District judge of a county court Circuit judge

 District judge of the High Court High Court judge 

District judge of the principal registry of the Family Division High Court judge 

Costs judge High Court Judge

 Circuit judge or recorder Court of Appeal

 High Court judge Court of Appeal  

 

Case law guidance


Adoption Cases

President gives guidance on urgent appeals in adoption cases

Father 'cruelly deceived' by his child’s mother as to paternity loses appeal against adoption order

In C (A Child) [2013] EWCA Civ 431, the President of the Family Division has given guidance to the profession concerning urgent appeals in adoption cases.

 

Financial Cases

NLW v ARC [2012] EWHC 55 (Fam)

Judgment of Mostyn J dealing with the procedure to be used when applying for permission to appeal a financial consent order and offering guidance on the court’s powers when determining such an application.