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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4339
Experience:  LLB (Hons)
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Thanks Is it normally possible to appeal in children court?

Customer Question

Hi
JA: Hello. How can I help?
Customer: thanks Is it normally possible to appeal in children court?
JA: What steps have been taken? Have any papers been filed in family court?
Customer: yes, and a judgement made
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do they live in?
Customer: Luton
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: that is mostly the question I have
Submitted: 14 days ago.
Category: Family Law
Customer: replied 14 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 14 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 14 days ago.
my son (Swedish) is involved in a child arrangement case in which the judge has made temporary orders for the partner to stay with the child, and for the partner (Kenyan) to take charge of swedish passport application. This is in the UK? can he appeal?
Expert:  SASH_Law replied 14 days ago.

Hi, I’m Lea and I will be assisting you with your query today.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. Yes, it is possible to appeal a family court hearing, however there are only particular reasons one can appeal for, and these are if the judge made an error in law or procedure, or if the judge failed to take into consideration, or took consideration, of factual information that s/he should or should not have taken into consideration. In other words, you cannot appeal just because the outcome is not what you hoped for - there has to be an error of some kind.

If you feel there are grounds that fit into the above, then an appeal can be started on form N161, cost is £215.

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Customer: replied 14 days ago.
in this specific case, my son had been accused by his ex-girlfriend of verbal abuse - this allegations are yet to be proven and CAFCAS is yet to deliver a report on those allegation. In the meantime the girlfriend who is a Kenyan applied to be granted full control to apply for the baby's swedish passport - and this was also granted.. the reasons given is to allow for the application to take place before the brexit. The judge noted that it is urgent to ensure the deadline will not pass. Therefore my sons side of the story was not heard despite attending the session. Would you say he can appeal on this basis that it is not sufficient evidence to grant the application on the basis of the Brexit
Expert:  SASH_Law replied 14 days ago.

No, the judge was merely granting the mother the right to order the passport on her own, since he/she may have been informed the father would not comply - therefore the order was made to bypass the need for the father to be involved. That's not an appealable point, particularly since trying to appeal that supports the order that was made in the sense that the father would have delayed the application if given the opportunity. It's not a good, or worthwhile, argument to try to run as an appeal.

Customer: replied 14 days ago.
thanks, ***** ***** prefer to write
Expert:  SASH_Law replied 14 days ago.

The call offer is automated by the site.

Customer: replied 14 days ago.
I appreciate the insight.
Customer: replied 14 days ago.
In this case where it refers to a different country's passport issuance authority. Would the Swedish Embassy/Govt be obliged by the British law to comply by issuing the child with a passport
Expert:  SASH_Law replied 14 days ago.

Yes.

Customer: replied 14 days ago.
just a little bit of context. The girlfriend immigration status were precarious. In other words, her student visa had expired and it was extended for one month on the basis of COVID-19 pandemic. It was due to expire on 30 November 2020. On this same day (30th Nov) she had my son arrested on false allegation of domestic abuse. Therefore in my understanding there is a clear correlation between her immigration status and the false allegations (which did not meet the threshold for prosecution). And to this end she is planning to use the child passport to justify her stay in the UK. In this context would the appeal not make sense by seeking to reveal the ill-motive of the applicant, and therefore request for the whole case to be heard in full before making any determination.
Expert:  SASH_Law replied 14 days ago.

Yes, but the court hasn't considered the allegations - they simply made an order for her to be able to get the child's passport done, presumably because she informed the court that the father was stalling on this. The rest of the issues will be dealt with in future hearings. From what you have written you do not have grounds to appeal. Sorry, I realise that is disappointing for you.

Customer: replied 14 days ago.
thanks for the honest expert advise, I really appreciate
Customer: replied 14 days ago.
one more question please, do you think my son can file a case in a Swedish court temporary halting the passport authority from issuing the passport.
Expert:  SASH_Law replied 14 days ago.

No, the Swedish courts have no jurisdiction if they live in the UK.

Customer: replied 14 days ago.
I have in mind that the Swedish court have authority to stop issuance of one of their national documents
Expert:  SASH_Law replied 14 days ago.

I know you don't want to accept this, but the child is entitled to a Swedish passport, that is a matter of fact. And one will be issued on application by the mother, father's consent having been dispensed with. The Swedish courts won't interefere.

Customer: replied 14 days ago.
if an application is made to delay the process through Swedish court to the Swedish passport issuing authority . Wouldn't that be an option?
Expert:  SASH_Law replied 14 days ago.

The English courts have jurisdiction so the only method would be to appeal, and as I have already stated you don't have grounds to appeal. No error in procedure, law or fact was made.

I reiterate, the Swedish courts have no jurisdiction in the matter.

Have a lovely evening.