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How to Appeal final SRO hearing?

  • Rapture
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06 Jul 12 #341617 by Rapture
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Hi,

Was just wandering what grounds must I have to appeal a final SRO hearing, how soon must this be done and what procedures are there etc?

Appreciate any help here...

  • jonathancj
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06 Jul 12 #341619 by jonathancj
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SRO? With most family law procedures you have to show that the judge was plainly wrong, or simply couldn''t have been right. It''s a high hurdle to clear.

  • Fiona
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06 Jul 12 #341625 by Fiona
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SRO = Shared Residence Order, I think.

It isn''t possible to appeal just because you don''t agree with the judgement. You need to show the judge has made an error of fact or law or a "perverse" ruling no other judge could reasonably make.

With many parenting issues there is often no black and white, just people with different attitudes doing different thing,.

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06 Jul 12 #341628 by Rapture
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Yes, Sorry it is a shared residance order.

Fiona what is meant by a "perverse" ruling?

Also can you appeal on a technicality i.e. is there a set procedure which a judge should follow? for example, in a previous final hearing for contact we were sworn in before the hearing started but this time this didn''t happen?

Can anyone advise what forms I would need to fill in and how much this is likely to cost?

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07 Jul 12 #341642 by Fiona
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Judges have a great deal of discretion. For example, some will order shared residence to underline the importance of both parents whereas others think living in one home is in the best interests of children. A perverse ruling is one that no other judge would reasonably make in the same circumstances.

Given the discretion a judge has and the fact that children cases tend to turn on everyday parenting issues rather than law it can be difficult to appeal. Depending on the issue you might have more success leaving it for 6 months and then applying to vary the order.

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