Appeals are very technical. You need to know the law and the appellate procedure. Not following the correct procedure may jeopardize your case to the point of no return (i.e. you may lose your right to appeal). We highly recommended that you contact a skilled divorce and appellate lawyer as soon as you get an order/decision to learn if you should proceed with appealing the decision.
Can I appeal any decisions/orders?
The decision in and of itself is not appealable. You can only appeal an order of the court. You do not always have an automatic right to appeal. For example, for interim decisions made under the Family Law Act or costs orders only, you need to get the permission of the appellate court to file your appeal. However, you have an automatic right to appeal a final decision made under the Family Law Act or any orders made under the Divorce Act. If at least one of the orders you are appealing does not require leave, you can appeal the entire order without the need to appear before the appellate court to seek leave of the court.
Should I file my appeal?
It is not always wise to go to the appellate court, simply because you do not like the decision or disagree with the judge’s findings. There may be costs orders made against you if you lose. It is very important to have an appellate lawyer analyse your case to see if there were errors in the decision i.e. misapprehension of evidence, a legal error in law, or a mixture of errors in fact & law. Our skilled appellate lawyers have vast knowledge and understanding of the types of errors that you need to look for. Our divorce lawyers will give you an honest opinion about the likely outcome of your appeal. Contact us.
Have You Met the Deadlines?
You have limited time from the time the order was made to file your appeal. Talk to a lawyer, so you file your materials in time. Often it is difficult to get an extension of time to file, if you miss the deadline. Passage of time, after missing the appeal period, prejudices your position. Contact a lawyer immediately. Our appellate lawyers have successfully obtained orders for extension of time in the court of appeal.
How to identify types of errors?
Read the decision you are appealing carefully. Consider whether there has been abuse of the court’s discretion, misapprehension of evidence, failure to make adequate findings of fact, or the failure of the court to apply the correct law. Those the types of errors that you are looking for in the lower court’s decision.
How to prepare for Your appeal?
Do your research. Know your case inside and out. Know the law. Be prepared to answer challenging questions from the court. Have a skilled appellate lawyer on your side. Obviously the case is important enough that you went this far. Do what it takes to ensure the best possible outcome.
Contact us, if you need legal representation.
