Appeals: A second bite of the cherry?

What can you do when a hearing hasn’t gone your way? And you can’t live with the result? It’s easy to think an appeal is the best way to try for a different outcome.

After all…you’ve got nothing to lose and everything to gain, right?

Thing is – that’s not what appeals are for. They’re not a second bite of the cherry; they’re not a legal way of saying to the man or lady behind the big desk `Oh, go on sir/madam – change your mind for me!’ Appeals are quite rightly difficult. Otherwise everyone would be doing them wouldn’t they?

An appeal isn’t about asking the court to re-run the previous hearing, be it for contact, residence, adoption or anything else. Go to an appeal hearing and ask the court to change the contact pattern, reverse the adoption order, etc. and you’ll be met by a blank stare. You’re there to convince the court it has made an error in law – nothing else.

If you manage to do that you’ll get your chance to do that at a subsequent hearing.

It’s important to know this. Because without a game plan all you’re going to do is waste money, paper and a few ink cartridges on something that isn’t going to get out of the traps.

Your first thought should be when considering an appeal is Has the court made an error in law?’ and not `Can I persuade the court to come up with a different decision?’ You are going to need to fill in the right form (an N161), pay the right fee, get a bundle  (with the right documents) to the right court and do all of this within 21 days of the order (although this can be extended in certain circumstances).

You will need to be clear about what your grounds of appeal are.

If you don’t know what the above means and you still want to appeal that should ring an alarm bell in your head and you should seriously consider not bothering.

Appeals are deliberately difficult. Your one can be dismissed at the first hurdle. Or heard in court…and then dismissed. Or heard in court and the court decides that while your argument has merit the court would have made the same decision…and then dismissed. Either way the whole process is very slow. Even by court standards.

In many cases it quite honestly isn’t worth bothering.

But don’t let this bring you down. Depending on what is you’re seeking to achieve in the long run (as always think of the big picture)  it may well be worth trying a different tack. A fresh application for more contact. An application for a variation or enforcement. A different take on things if your case is still open.

Don’t appeal just because you don’t like the decision. You could be making more work and problems than you already have.