You’ve weathered the storm of divorce, only for the Family Court to hand down a decision you think is wrong. What do you do next?
Leach Legal has extensive experience determining which decisions can be appealed and your likelihood of success. An appeal is not simply a rehearing of the original dispute. Strict rules apply to Family Law Appeals. If you require assistance relating to an appeal please contact us immediately.
You can’t appeal a decision just because you are not happy with the decision.
First: you must show that the Family Court Judge or Magistrate made a significant error of law and fact. Even then, the Court has discretion on whether to allow or dismiss an appeal.
Second: you must file a notice of appeal within 28 days of the Court order being made.
There is a process by which Family Court appeals can be made, and in negotiating your way through this process, you need the help of a Family Lawyer to guide you. Leach Legal can help you clarify some of the critical issues.
There are many factors you may want to take into account when considering an appeal – not just legal ones.
For example, lodging an appeal begins a potentially lengthy process during which you may not feel able to move on with your life.
What happens if the case is sent for retrial and you have to begin all over again?
Keep in mind, there may be compelling factors that support the lodgement of an appeal.
Typical questions you may have:
Do I believe the Family Court Judge or Magistrate made a significant error of law and fact? If so, which law and which fact/facts?
Am I feeling robust enough to undertake a legal process that could be both emotionally demanding and quite lengthy?
Am I confident in the legal advice I received?
If I decide to appeal, what is the process from here?
Our team of experienced, professional, Perth Family Lawyers are here to help with your appeal. Phone us for a free, 15-minute consultation on (08) 9486 9733.