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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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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Is an appeal three weeks from hearing or from when order is

Resolved Question:

Is an appeal three weeks from hearing or from when order is received?Three weeks ago I had a final hearing. I was represented by a direct access barrister. The hearing went late and so whilst an order was made that day it wasn't drawn up that day. Rather the Magistrates drew up a document entitled "The Lay Judges' Reasons" which outlined their decision and the reasons why. My barrister told me she would draw up the order and discuss the draft to me and the other side's barrister before sending it to Court to be issued.It has now been three weeks and I've heard nothing from my barrister. I've contacted her clerk quite a few times but been told nothing about how this matter is progressing. I appreciate my barrister may be busy in court but I'm concerned that its been so long and even the draft isn't out yet. I'm not sure what else to do regarding getting this moving. My concerns are two-fold;A. I don't want my ex to appeal. My understanding is that you have 3 weeks after an order is made to appeal but I don't know if this applies to the date of the hearing or the date the order is received in the post.
B. My ex uses any ambiguity, which there is a fair bit of in the Lay Judges' reasons that there hopefully won't be in the order, to cause as many issues with contact as possible. As such not having the order is making things more difficult.I have two questions;1. Does a party have 3 weeks from the date of a hearing to appeal or 3 weeks from the date an order is received in the post?
2. Is there anything I can do other than (try to) speak to my barrister's clerk to try and progress this matter and get the order issued?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

The Time for appeal runs from the date when the decision is made.

However the other party can ask permission to appeal out of time if the actual written order is delayed

Please ask if you need further details

Clare and other Family Law Specialists are ready to help you