When can you appeal family law decisions?

A party to the proceedings can only appeal the court’s decision if they have permission from the court. The exception to this rule is when the party is appealing to a high court judge, or a circuit judge. Therefore, permission is required for an appeal to the Court of Appeal, or the Supreme Court. Family law solicitor can assist with any appeal that is being made.

The court will grant a party permission to appeal the family law decision if they consider that the appeal has a real prospect of success, or there is some other compelling reason why the appeal should be heard. A judge will not grant permission for an appeal if they believe the claim has not real prospect for success. They will base this decision on all the evidence they have reviewed and the relevant area of family law. Family law solicitors can present this evidence to the court.

In addition to the requirement for a real prospect of success, the court will generally only grant an appeal on a point of law, or if there has been a serious irregularity in the proceedings. A serious irregularity could mean a judge has misapplied the law, or has not followed the correct court procedures. Legal advice from family solicitors should be sought to clarify which areas of family law could apply to any appeal that might be granted.
The court also may grant an appeal if there is a compelling policy reason for allowing this. This could be where there is significant public interest in the case, or the belief that the case is an opportunity to develop or clarify family law in some area.

A party to family law proceedings is advised to seek the advice of a family solicitor. A family solicitor has experience in family law proceedings, and will be able to advise the party with regard to appealing the court’s decision. The rules regarding appeals in family law proceedings are complex, and a family solicitor will have the requisite knowledge of these rules.

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