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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33532
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am subscribing now. In relation to a handing down on

Resolved Question:

Hi. I am subscribing now. In relation to a handing down on judgement scheduled for 30th October I understand I have 3 weeks after to appeal decision. Do I tell the judge at time of hand down that I plan to appeal. Also is the fact that my ex wife continually
denied co habitating with her boyfriend who earns 30k a year constitute an appeal. I have a witness who will stand up in court to verify this.her boyfriend pays her nothing yet I am 100% financially responsible for our son who is now 18.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youWhy did you not get this witness to give evidence at the Final Hearing?
Customer: replied 1 year ago.
Because it is my son. He is 18 now and is happy to stand in court. He wants a fair outcome too and knows his mother has lied about co habitating the whole time. He has been living with her half the time so knows exactly what the living arrangements are with her boyfriend.
Expert:  Clare replied 1 year ago.
But why did he not give evidence at the actual hearing which was only a few weeks ago
Customer: replied 1 year ago.
I did not want him to. I thought the judge would be able to clearly see my ex was a liar.she has been made bankrupt and then 2 and a half years Later there was an IVA. Both hidden from me. She then lied about living with her boyfriend although he moved in a day after she moved in. She has never worked and she spends money like no tommorow. I thought the judge would see this but didn't.
Expert:  Clare replied 1 year ago.
You need permission to appeal - either from the original Judge or from a Senior CourtYou can read more herehttps://www.justice.gov.uk/courts/rcj-rolls-building/court-of-appeal/civil-division/questions-and-answersHowever you cannot now bring a new witness who could have given evidence at the last hearing - so your son will not be able to assist you I am afraidPlease ask if you need further details
Customer: replied 1 year ago.
I appreciate my son cannot attend hand down hearing. I plan to bring him to the appeal hearing if given permission to be heard. Obviously I will have a barrister too. But in your experience given the reasons I have given you do you feel I have a chance of being given an appeal opportunity. After all the judge has based his decision on completely false information. She also gets around £800pm in child tax credits and child benefit which she uses on herself and her boyfriend and none of it on her son.
Expert:  Clare replied 1 year ago.
I am sorry I was not clearYou cannot now use your son's evidenceYou know the Judge is wrong - but you need to show either that the Judge made a mistake in Law OR that the decision he made was totally at odds with the evidence given.You cannot introduce new evidence that was available at the time but you did not use
Customer: replied 1 year ago.
So if my ex wife has lied throughout the whole process and I chose not to use my son as evidence to prove this to protect him then that is ok?? I expected the judge to be able to see that she has a history of lies and deceit as it was pretty obvious to me and therefore I feel he made a massive error of judgement. Isn't that a good enough reason to appeal.
Expert:  Clare replied 1 year ago.
You are certainly entitled to appeal on the basis that the decision of the Judge was at odds with the evidence given - and that is a good argument
Customer: replied 1 year ago.
Thanks. That makes me feel a lot better. Do I need to tell the judge at the hand down that I plan to appeal. And when I do can I write the appeal letter myself. Should I get an appeal I will then appoint my barrister again. Does that seem credible and viable to you?
Expert:  Clare replied 1 year ago.
yes you need to ask him for permission to appeal.If he refuses then you can appeal the refusal You need to read the details of the process carefully - but yes you can deal with the paperwork and bring a barrister in for the hearing
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33532
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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