How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Harris Your Own Question

Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1926
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Law Question Here...
Harris is online now

I want to make an appeal in family court. The judgement

Resolved Question:

Hi, I want to make an appeal in family court. The judgement was in favour of the other side and my lawyers say that see a slim chance of my appeal being succesful. I still want to make an appeal, but want to do it on my own as the lawyers are asking for a fortune to help. How do I approach it? My deadline in 26th of January so not much time left.
Submitted: 12 months ago.
Category: Law
Customer: replied 12 months ago.
I would also like to know how much it will roughly cost me to make an appeal
Expert:  Harris replied 12 months ago.
Hi, thanks for your question.
Please could you elaborate more on the issue:
- what are the proceedings about
- when was the final order made
- what was the final order
- how were you funded for those proceedings
Please let me know if you have any further questions regarding this.
Customer: replied 12 months ago.
My ex wants to take our daughter to permanently live in Switzerland.
The final order was made on the 4th of January.
The decision was to allow her to take my daughter.
I funded it from my own savings but have not got any left, that's why i need to do it on my own now
Expert:  Harris replied 12 months ago.
Thanks. In order to appeal against the order you will need to follow this procedure:
https://www.justice.gov.uk/courts/rcj-rolls-building/court-of-appeal/civil-division/questions-and-answers
As you will not be eligible for legal aid, funding will have to be at private rates and this could be in the region of anywhere between £2-5,000.
Customer: replied 12 months ago.
Is it that much even if I appeal on my own?
The decisision was made by a circuit judge. Does that change anything?
How long does it usually take for the appeal to be considered?
If my appeal is refused is it still the same cost?
Expert:  Harris replied 12 months ago.
No, that is for legal representation and is whether you are successful or not and are just an approximate figure. If you are unsuccessful you may also be liable for his costs depending on what the court decides.
If you deal with it yourself it will only be the court fees which are here: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-200-eng.pdf This will be depending on whether permission to appeal was given at the final hearing. If not you will need to initially apply for permission to appeal before proceeding.
The permission to appeal will be dealt with fairly quickly once listed and the other party served.
As the decision was made by a Circuit Judge you need to submit your application for permission to appeal to the Court of Appeal.
Customer: replied 12 months ago.
The permission to appeal was given, but I can't find any court fees on the link you have given.You said that I will have to appeal to the Court of Appeal. How do I do it? Is it still following the same steps as you suggested in your first response?
Customer: replied 12 months ago.
Also, when I am making an appeal. Am I still the respondent? I was the respondent before but because I am making an appeal does it change anything?
Expert:  Harris replied 12 months ago.
Thanks for the further information. As permission to appeal has been given, the court fee for appealing would be £465.
In the appeal you would be the Applicant. The steps you need to follow are in the first link (here:
https://www.justice.gov.uk/courts/rcj-rolls-building/court-of-appeal/civil-division/questions-and-answers)
The court that you need to submit the appeal to would depend on where the order was made. You can read the routes to appeal with appeal court breakdown here: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-201-eng.pdf
Expert:  Harris replied 12 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.
Customer: replied 12 months ago.
Hi in a guidance to fill in the aplication form under section 6 and 7 it says: "Please indicate by ticking the relevant box whether you are
attaching your arguments (referred to as a skeleton argument)
to this notice or whether you intend to send them separately
within 14 days of filing this appellant’s notice with the court"
Does that mean that I can do the sceleton argument part even after the 26th (the deadline for the appeal) or do I need some other permission to do that from the court?
Expert:  Harris replied 12 months ago.
If you tick that you are sending the skeleton arguments separately you need to do this within 14 days of filing the appeal with the court.
The appeal itself needs to be done by the 26th, but the skeleton arguments by 9 February - you do not need permission but need to ensure that you have ticked the relevant box in sections 6 and 7.
Customer: replied 12 months ago.
Hi,I got a bit confused and now I can see that I do need permission to appeal, I think. This is what it says in the final order. "I grant the mother’s application for leave to remove the child Maja Losik permanently from the jurisdiction to live with her in Switzerland. Such removal shall not take effect until after the expiry of the period to apply for permission to appeal (as set out below)."
So do I still fill in the same form and just indicate in section 6 that I need permission to appeal or do I need to do something different?
Customer: replied 12 months ago.
1.Should I take my application to this place? Court of Appeal Civil Appeals Office Registry Room E307, Royal Courts of Justice, Strand London WC2A 2LL?
2. Is it enough if I send the copy of the appealant's notice to the respondent's email and the respondent's reprentatives email or do I need to send it by post and include something else? I am asking because I have time till Tuesday 26th so need to do it quickly.
3. In section 2 it says: To which track was the case alloacated? - I don't know it. Can I send the application without ticking that?
Expert:  Harris replied 12 months ago.
You do it in the same application and indicate you require permission to appeal. This will be dealt with first by the court, most likely without an oral hearing.
Yes - that is the Court of Appeal to issue the application. I would suggest that you take a debit card for payment to make sure you pay the correct fee.
You will need to contact the respondent's representatives and ask if they will accept service for the appeal and if they will accept service by email - if not then you will need to post it once issued.
Family cases are not allocated to a track.
Customer: replied 12 months ago.
1.If I get there tomorrow by 4:30 will I still be able to file the application? I could not find any information on what time they close the court.
2. Once filed and I will post it to the respondents representtives but they receive it after the 26th, does that matter?
3. In section 5 I just copied and pasted this part: "I grant the mother’s application for leave to remove the child Maja Losik permanently from the jurisdiction to live with her in Switzerland. Such removal shall not take effect until after the expiry of the period to apply for permission to appeal". Is this what they are asking me to put or should I include the whole judgement which is 20 pages long?
Expert:  Harris replied 12 months ago.
The court will close at 4.30pm, but I would suggest you get there earlier in case there are any issues.
Once it is filed, the court will provide you copies to serve on the respondent/representatives - as long as you send it to them immediately upon issuing it should be fine but I would suggest that you email/telephone them to see if they will accept service by email.
If that is all you are appealing, then yes - otherwise do include any other orders that the judge had made.
Customer: replied 12 months ago.
In section 6 "Ground of appeal" - Do I need to include this with my application or can I send this with my sceleton within 14 days?
Customer: replied 12 months ago.
Could you briefly explain the difference between section 6 and 7 please?
Expert:  Harris replied 12 months ago.
No, this has to be done in the application - so briefly under what grounds you are appealing either that the decision was wrong and/or unjust because of a serious procedural or other irregularity in the lower court proceedings.
The skeleton argument (detailed point on your appeal and reasons) is to be sent within 14 days. Skeleton arguments should contain a numbered list of points that you intend to argue at the hearing. Each point should be stated in no more than a few sentences.
Customer: replied 12 months ago.
1.Do I need to fill in section 9 and 10 ? I want the court to do the trial again because of some irregularity in the lower court proceedings.
2. Also if the irregularity was not a fault of the judge but a fault of the Cafcass officer, who created reports before the hearings, is this still something that I can include as irregularity in the lower court proceedings?
Customer: replied 12 months ago.
Can someone else file the aplication on my behalf in court or do I have to go there personally?
Expert:  Harris replied 12 months ago.
If you are only applying to set aside the previous order then sections 9 and 10 are not required.
Yes, you can include this as it is regarding the evidence gathering for the court's purposes.
You should go there personally in case there are any issues so that you can deal with it.
Customer: replied 12 months ago.
In section 11 it gives me the list of documents I need to file.
1."one copy of the sealed (stamped by the court) order or
tribunal determination being appealed" - is this the final judgement?
2. "one copy of any witness statement or affidavit in support of
any application included in the appellant’s notice" - is this the witness statement that I had made before the trial started? Also do I need to include the other's side witness statement?
Expert:  Harris replied 12 months ago.
This would be the final sealed order that has granted the relocation. You will also need a copy of the full transcript of the judgment (listed in the checklist)
The witness statement is not in reference to the previous proceedings but if you have prepared a statement for the appeal.
Customer: replied 12 months ago.
I have not prepared the statement. Do I have to do it at ths point in time or can I wait till I know whether the permission is granted?
Sorry what is a copy of the full transcript of the judgment ?
Expert:  Harris replied 12 months ago.
You do not necessarily need a witness statement. You will be outlining the grounds already, and following that up with a skeleton argument.
Transcript of the judgment is the judge's reasons as to why the order was made.
Customer: replied 12 months ago.
the final sealed order - I only got a copy from my solicitors that represented me. Is that enough?
Expert:  Harris replied 12 months ago.
The court would also need a transcript of the judgment. You should check if your solicitors have received it, if not they should be requesting for a copy urgently.
Expert:  Harris replied 11 months ago.
If you have found my assistance helpful please could you rate it positively so that I can be credited.
Rating my response will not close this question and I will continue to assist you with this issue.
Harris, Law Specialist
Category: Law
Satisfied Customers: 1926
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice