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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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How do you appeal against an order made in the family cour

Customer Question

How do you appeal against an order made in the family court?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could you explain the background to your question please?
Customer: replied 3 years ago.

Ruling in the family court. Daughter granted 70% of family home and 20% of ex-husband's pension. She has to sell on her daughter's (now 11)18th birthday and had to agree to indemnify the respondent against all mortgage liability and his mortgage covenants with respect to the mortgage.

Our concerns:

Her son (13) has a serious disability and will probably need continuing care. The likelihood of his independence is compromised.

Daughter's position statement was apparently not read by the judge.

Daughter is self-employed on a low income.

The details of being under-funded by her ex were not revealed.

She could not afford to be represented but he was represented by a barrister who presented a case full of errors. Our daughter was told not to interrupt when she challenged this

Expert:  Clare replied 3 years ago.
When was the Order made?
How much is the house worth and how much is outstanding on the mortgage?
What is the nature of the disability?
What income do your daughter and her ex each have?
Customer: replied 3 years ago.

Order was made on 23/10/14

House has been valued at £375,000

£132,000 outstanding on mortgage.

Son's disability is Brittle Bone disease - he has had more than 30 fractures.

Decree absoloute not yet signed so still technically man and wife.

Husband's income is £2526 per month net.

Our daughter has to work as part-time gardener. Her income with maintenance and credits is £1654 per month. From this she has to pay mortgage and support family for most of the time.

Our key grievances:

Dauhgter given only 10 minutes to read "Without prejudice note" prepared by husband's barrister. This was full of errors(lies).

In court when daughter challenged these errors she was told not to interrupt.

Husband has been indemnified against all mortgage liability.

She felt that she signed under duress as told the final jury outcome could be worse.

NB This is a "Needs Case"

Customer: replied 3 years ago.

Did you receive the information I sent about one hour ago?

Expert:  Clare replied 3 years ago.
My apologies for the delay.
How much does a cheaper three bedroomed property in the same general area cost to buy?
How long were they living together
What settlement had your daughter asked for?