Grounds for appeal

Hi All, I''m going to go through the appeals process. My lovely hostile judge verbally refused permission to appeal at the end of the last hearing, but did not give a reason.

1. Is this a legal error, not giving me a reason for refusing permission to appeal?

2. Given that permission to appeal has been refused, does that mean on the n191 I need to tick that "Permission to appeal" is needed and say it has not been granted (Box B )?

3. I am planning to appeal on the basis that the Order is unjust because in Ordering me to pay almost two thirds of my net salary in maintenance (MPS plus CMS), it literally does not leave me enough to eat. Is this good grounds? In terms of the outcome sought, should I push for a retrial, a set aside, or propose the Order is replaced by something more sensible? If I push for a retrial will this be before the same judge?

I know that the advice from more experienced borders tends to be to forget this and concentrate on the long term game, i.e. Final Hearing, but this Order (via an AoE) will result in me being homeless, I have tried to vary it and this was refused, I therefore simply have to try to overturn it. Any other advice much appreciated.

It is usual for judges to refuse permission to appeal. This means that you will need permission to appeal before the appeal can actual take place. Normally the application for permission will be heard and if successful the appeal will take place straight afterwards.

An appeal is a challenge of the original order whereas the same order with a lower figure would be the outcome of an application to vary an existing order.

If the judge reached the order based on incorrect figures, that could be a reason for an appeal. Did the judge have all of the figures in order to make the order? Why did the judge decide to order that you pay so much?

Does the order specify MPS and you are liable for CMS as well or does the order cover both? It could be the case that you could pay MPS and defer CMS as a default of CMS would be the lesser of two evils but you would need to take legal advice on this as robbing Peter to pay Paul is a short term solution.

Charles

Thanks Charles.

Do judges not have to specify a reason for refusing permission to appeal? The appeal form asks for the reason but I don''t have one?

The original Order was made with various sweeping assumptions as it was MPS. These assumptions were not right, but as it was interim till the Final Hearing six months later, I accepted the Order as made, and just used a credit card to meet the Ordered amount up until when the FH was due to be listed. This was me trying to be practical and focussing on the long game.

Unfortunately the FH has been punted out another 6 months due to a court admin listings error, and my credit cards are now maxed, hence my application to vary. The judge refused this on the basis that I had not demonstrated to his satisfaction that enough had changed since the original Order to justify varying, plus as I hadn''t appealed the original Order, that must have been perfect.

He ignored the evidence I brought of my current financial position, and said I had not brought enough evidence in statements going far enough back. I accept that I could have brought more evidence (which I did have with me on my laptop but he refused this) but I am firmly of the view that whatever I brought, he would have found reasons why it would have been unsatisfactory. For example I had consulted a solicitor re: a Sears Tooth arrangement. Why hadn''t I consulted 5 solicitors? I felt like answering that if I had consulted 5 he would have demanded 10. I couldn''t win.

The Order is just for MPS (then I am liable for CMS on top). I must prioritise the CMS because otherwise this will be used against me in contested custody proceedings.

Payment of child maintenance does not effect contact with children. Children are not ''pay-per-view''.

Judges do not need to give a reason to refuse an appeal. They usually give a reason why they grant leave for appeal e.g. there is a law that needs to be tested and possibly overturned.

Charles

Thanks Charles. You may be legally correct but the reality is otherwise I can say from bitter experience.

I can almost hear opposing counsel now...:

"And, Judge, before making the decision on custody, remember that this poor child nearly starved this Christmas as the self-representing father denied her even basic child maintenance, choosing instead to selfishly prioritise his own guilty pleasures such as food and rent, rather than care about the plight of his own offspring and its mother, who, understandably, had to seek comfort in her magic circle legal team at this difficult time."

There is a reason that F4J exist and it''s because fathers are damned either way in the Family Courts.

Anyway, back to my appeal..! If the original order was made some time ago, then varied recently, can I appeal the original order and the associated original award of costs against me (presumably I''m out of time?), or can I only appeal the recent variation and recently-awarded costs?

Well, if the order was varied, the new order stands in place of the original order therefore you would appeal the new order. You are in difficulty if you are out of time though as you will need to apply for permission to appeal and permission to appeal out of time.

Charles

Thanks Charles. Am in good time (hearing six days ago), but as it''s been refused verbally I need to apply for permission. Presume the 21 days is the deadline to file at Court, which is fine but am hoping to get some professional advice before proceeding. Probably via RCJ CAB athough I think they are fully booked up before Xmas.

Incidentally with a Final Hearing coming in April, I presume there''s a good chance it won''t even be heard before the FH, but I need to apply, possibly with a stay of execution, as what is ordered is simply absolutely unaffordable and needs to be challenged.