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Appeal Hearing

  • jimbob1978
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31 May 12 #334320 by jimbob1978
Topic started by jimbob1978
I have a right to appeal hearing,and was woundering if anyone has any advice on the proceeding layout of the hearing and what i need to get together to prove i am worthy of a appeall hearing regarding my case. My case was the ex taking the children to france to live and residence of the children with her.
Alot has changed in the children and they no longer want to live with there mum in france.

So any advice would be helpful as to what i have to prove to get my appeal in this hearing.

James

  • khan72
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06 Jun 12 #335223 by khan72
Reply from khan72
try reading
Thorpe [2010] Fam Law 565
and
Washington Declaration
[2001] EWCA Civ 166
[2001] 4 CFLQ 455
[2004] 2 FLR 330
[2006] EWHC 1794
[2011] EWHC 335
[2011] EWCA Civ 793
[2001] EWCA Civ 166

Try to read the whole cases and pick the pieces which apply to you. Read factors against you and prepare to argue against them.
Do you feel the judge did not give weight to something they should have? highlight it.

Also check out Family Practice Rules: Supplementary Practice Directions. Read Part 30A - Appeals. It states a lot of stuff. I would read it a few times. Sorry, I cant help further. I am only a LIP :(

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06 Jun 12 #335263 by Fiona
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Strictly speaking to appeal you need to show that based on the evidence available at the time the judgement was wrong and the judge made an error of fact or law or a judgement no other judge could reasonably have made. If something happens after an order was made that substantially changes the basis upon which it was made the application is to set aside the order. Setting aside isn''t easy because the aim of a final hearing is finality so that the family can move on.

The issues to focus on are the weight that was given to the children''s views, the reason they have changed their minds, why they won''t change their minds again and independent evidence. Children''s views are considered in light of their age and maturity. Younger children don''t fully understand the implications of a decision and children of any age often tell separated parents what they think the parent wants to hear.

Children can be influenced by a parent and what they say may not be what the child wants and what children want isn''t always in their best interests. The opinions of older children carry more weight but ultimately it is adults who make the decisions, not the children. Thats why CAFCASS independently ascertain children''s wishes and feeling and make recommendations.

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06 Jun 12 #335335 by khan72
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One should ideally make an appeal to the judge at the time. If you are not satisfied still, you can ask the judge for their reasons for not upholding your appeal (re supervised contact). NOT ADVISABLE!!!
My barrister did so and had the judge on a few points of law. The deputy judge went on the back foot and then gave a poor reason. the deputy judge then proceeded to bar any right of further appeal... so do not get smart with a judge. I could have filled out another c100 form and started a whole new case, but sod it.

If you are going to appeal, be meek. I was told that all other judges would have given me supported access. Its not worth rocking the boat and labouring an appeal.

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