In the UK, you can appeal a family court decision by appealing to a judge in a court that is more senior than the court in which your case was decided. To appeal a family court decision in the UK, you must have permission to appeal, meet the legal grounds for appeal, and apply within the required time limit.
It is important to understand that you cannot appeal a family court decision simply because you do not agree with it; you must have a valid reason. If you do not have a valid reason, the chances are that the appeal application will be rejected. The main grounds for bringing a legal appeal in a family court in the court are as follows:
- A mistake in applying the law was made
- The judge reached a conclusion that was not supported by the evidence
- The judge either overlooked something important or placed too much emphasis on something less important
- The judge used their discretion in a way that falls outside what is reasonably acceptable
- The decision-making process was unfair and irregular, making the decision unjust
In a family court appeal, new evidence is usually only considered if it has been approved by the original court that heard the case.
If you are considering appealing a family court decision or if you have questions about your grounds for appeal, please contact our friendly family law solicitors for advice. We will listen to your circumstances, recommend the best approach, and, if you choose to engage our services, provide support and representation to ensure your matter is successfully concluded as quickly as possible.
Getting permission to appeal a family court decision
You will need to ask the family court judge who first heard your case for permission to appeal a decision unless this was granted at your hearing. Remember that a judge will only ever give permission if the appeal has a realistic chance of success or if there are compelling reasons to hear the appeal.
In some cases, permission to appeal a family court decision is not required, this includes where the decision:
- Was made by a ‘lay magistrate’ in the family court
- Relates to a committal order
- Relates to a refusal to grant ‘habeas corpus’ whereby a person in prison must be judged by a court before they can be forced by law to remain in prison
- Relates to an accommodation order made under section 25 of the Children Act 1989 or section 119 of the Social Services and Well-being (Wales) Act 2014
If you are unsure if you need permission to appeal, how to request permission, or how to handle the refusal of permission, please speak to our family law team. We will take the time to listen to the details of your case and explain the best next steps to take to progress your appeal. In some cases, we may recommend actions other than appealing, which may yield better and faster results based on your individual circumstances.
Time limit for UK family court appeals
To bring an appeal of your family court decision, you must make sure that the appeal application is lodged within the deadline. The time limit will depend on the type of case and where it was heard. In some cases, the judge who issued the order may provide a time limit within which you must appeal. If the judge has not provided a time limit, the standard time limit is 21 days. This also applies to appeals in the Court of Appeal. However, if the appeal relates to a case management decision or an interim care order, the appeal must normally be lodged within 7 days of the date that the decision was made.
Increasing your chances of winning an appeal in UK family court
There is no official success rate for UK family court appeals, mainly because the outcome depends entirely on the grounds of the appeal and individual circumstances, but there is much you can do to swing the balance in your favour. While no one can guarantee the success of a family court appeal, seeking the guidance and support of a family law solicitor will maximise your chances of a successful appeal. In particular, an experienced family law solicitor will check that you have strong grounds for appealing before proceeding with the process and will ensure that the appeal is lodged within the prescribed time scale. Your solicitor will check which type of judge and court to appeal to, i.e., a circuit judge in the family court, a district-level judge in the family court, a high court judge in the high court, or the court of appeal. They will also gather and prepare the evidence necessary to satisfy the judge that the appeal should be allowed and represent you at your hearing. Most importantly, they have the legal expertise to win your appeal. Remember, the success of your appeal will almost certainly depend on technical, legal, and procedural details with which family law solicitors are fully acquainted.
