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Hi All,
Looking for advice on whether to appeal or not.
Background of the case, the child is almost 5 and starting school soon. Separated around 3 years back and till date, I am seeing my child one overnight a week and alternative weekends (Fri -Sun).
I had applied for shared care - Tue to Thursday AM and alternate Friday to Monday AM, I was/am self-representing. In the final hearing, the Judge didn't agree for the shared care, I got the order and to my surprise the new order states - Tuesday to Wednesday AM and alternative weekends Sat AM to Sunday PM and after the child starts school it reduces to alternative weekends, even the Mother didn't propose this in the court.
After reading the order, I am not able to sleep or even spend quality with my child, the order is in my back of my mind. I am concerned that he and I will lose the bond we have.
Can someone please advise whether it's worth appealing?
Thanks in advance.
Hi, if this was the decision of the court at the final hearing, then you can't appeal against a decision that you don't like. You can only appeal if you believe the court has made an error in law.
Your post reads like the order states something different to what the judge told you at the final hearing? If this is the case, you need to write back to the court and ask them to correct the errors in the order.
If the order is correct, you could seek some specific legal advice on the matter to see if you have any grounds for appeal.
Best wishes
Hi Yoda,
Thanks for your response.
There are two issues here. Firstly yes the order is wrong from what the Judge told in the final hearing. I have written to the court.
Secondly, I am not sure whether I have any grounds, so trying to consult a Direct access barrister, but not sure whether it's worth appealing even if there are any grounds, I wanted to know whether anyone has successfully appealed.
Plenty of people appeal their cases, with mixed results. Nobody would ever be able to predict an outcome for you. A barrister would be able to advise you on the points of law and hopefully have an idea of how it would be likely to go in your local court.
You have to ask permission to appeal and you get this from the next level judge up. If you had magistrates, you ask a District Judge, if you had a District Judge, you ask a Circuit Judge and so on.
All hearings are recorded so if there is any dispute about the contents of the order vs the judgment given at the hearing, it can be proven.
Thanks Yoda for your swift response.
Do you know how to ask permission to appeal, is there a form I need to fill and send and how much it will cost? I couldn't find it on google.
I have requested for a transcript of the Judgment and the evidence; hopefully, that'll help.
Thanks very much.
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