[Solved] Right to appeal ?

I'm not sure of the appeal process, but I'm pretty sure she can't appeal just because she doesn't like the outcome - the criminal courts only allow appeal if there has been an error in a point of law or some substantial new evidence has come to light, and I have the feeling that the family courts work along the same lines. Assuming that there is no error on a point of law, how can there possibly be any new evidence - if she is intending to make some allegation, then why wasn't that done earlier? In other words, there is no basis for any new allegation to be made.

I'll ask the CCLC to pop on and advise - I would be curious to know that if she does try to appeal on some baseless grounds, whether there could be any comeback on her.

...sounds like sour grapes to me. She has to appeal within 21 days and tbh most appeals fail because no judge likes to be seen to disagree with another's judgement... so unless there were serious procedural errors in your case this is highly unlikely to come to anything.

That puts my mind at rest a lot actually.

I get SMS saying things like " You are going to need to take me back to court because unless you come to my house to collect child then he won't be available" and things of such nature, then I get accused of ignoring her. (That part makes me chuckle)!

She says this because she tells me I have breached the order on the 1st moment..

Basically, I asked that we met half way without any family members present at handover to lessen the potential for any arguments. Courts agreed and added to the order at the hearing.
However, after the hearing her family were VERY confrontational. (in the court waiting area and outside). So, at the contact day, it was decided that my dad followed in his car and stayed WELL back, just to ensure my safety, As it happened he parked away and could not see anything but my ex saw him. At this point I said and still maintain that I came alone. I was not in control of anyone else's actions.

She then later on that day at the return hand over arrived with family members IN HER CAR. I obviously came alone.

So, for this reason she feels she can now break the order. I don't feel that I have broken the order BUT I think this may also be the reason she may use to try and appeal. She is also (she told me) said she will tell them she feels intimidated by me and unsafe around me….

A note about that last comment above, she doesn't know that about 2 weeks before that, her and her mother ambushed me upon collection of my child. My friend recorded this and we made a statement at police. I feel its her intimidating me.

I find it all a tad worrying.

Dear lifeneedsharmony

Thank you for your query.

Court orders cannot be appealed simply because one party is unhappy with the outcome. Appeals will only be heard where they are based on true legal grounds for example where a person can show that the decision was incorrect as a result of a serious procedural error or irregularity.

Any appeal needs to be lodged either within the time period specified by the Court Order itself, or within 21 days if no deadline is given. Appeals can be allowed out of time but the applicant would need to give a very good reason as to why this should be allowed and it is not common for out of time appeals to be allowed.

The applicant would need to obtain the Court’s permission to lodge the appeal and in order to gain this permission they would need to show that the Court’s decision was incorrect or unjust based on procedural error or irregularity. They must specify whether the appeal is an appeal on a point of law or is an appeal against a finding of fact. The Court will only grant permission to appeal if they think the appeal has a real prospect of succeeding.

Even if it is alleged that one party has breached the order (as mum has alleged that you have done) this does not make the Order invalid. The Order itself is still legally binding and mum is required to continue to comply with it.

Any parent has the ability to make Court applications about a child, including appeals. This does not necessarily mean that the application will be accepted and heard. In some cases the respondent might apply for the applicant to pay their legal costs; it will for the Court to decide whether they will award costs.

If Mum has successfully lodged an appeal you will receive written notice of this from the Court.

Either parent can apply to Court for variation of the existing Order at any time. However, the Court will only change the existing order where there is good reason to do so. The Court’s are very used to parents making allegations against the other parent. Unless there is evidence to support the allegations, these will not be considered good enough reason to change the Order currently in place. In addition, you would be able to give a response to Mum's allegations.

Should Mum or her family cause you any more difficulties in terms of harassment or intimidation we would advise that you report these incidents to the police. It may be that you feel that you wish to apply for variation of the existing order to have the order further defined in relation to handover, perhaps requiring that handover take place outside of a police station for example.

We hope this informaiton has been of use to you. Should you have any further questions please feel free to contact our Child Law Advice Line on 0808 8020 008.

Yours faithfully

The Coram Children's Legal Centre

Hi,

Thank you for your advice. It was something that I have worried about a lot recently. The courts seem to have done everything correctly and also gave my ex partner plenty of opportunity to raise any concerns. She also had a barrister whom could have spoken on her behalf should she not have felt able.

I will keep in mind the idea about the police station as well. I have also been in touch with 101 a few times, they do have records of threats that have been made to me.

Thanks once again.