1. Understanding Family Court Appeals
An appeal is not a new trial or an opportunity to present new evidence. The Court of Appeal reviews whether the trial judge made legal errors. Appeal courts give significant deference to trial judges' findings of fact and credibility.
Important Limitations
- Appeals are not "second chances" to argue your case
- New evidence is rarely permitted
- Factual findings are difficult to overturn
- Success rates are relatively low
2. Grounds for Appeal
Valid Grounds
- Error of law
- Misapplication of legal test
- Palpable and overriding error of fact
- Procedural unfairness
- Unreasonable exercise of discretion
Not Valid Grounds
- Simply disagreeing with the outcome
- Wanting to present new evidence
- Minor factual disagreements
- Different view of credibility
- Second-guessing discretionary decisions
3. Appeal Timelines
Critical Deadlines
- 30 days: File Notice of Appeal from date order is entered
- 60 days: File Appeal Record and Factum
- Several months: Wait for hearing date
- Weeks to months: Receive decision after hearing
4. The Appeal Process
- File Notice of Appeal within 30 days
- Order and review trial transcripts
- Prepare Appeal Record (relevant documents)
- Write Factum (legal arguments)
- Respondent files responding materials
- Attend oral hearing before panel of judges
- Receive written decision
5. Stays Pending Appeal
Filing an appeal does not automatically stop the order. To pause enforcement, you must apply for a stay. Courts consider:
- Whether the appeal has merit
- Whether you would suffer irreparable harm without a stay
- Balance of convenience between parties
- Best interests of children (in parenting cases)
6. Frequently Asked Questions
You generally have 30 days from the date the order is entered to file a Notice of Appeal. This deadline is strictly enforced, though extensions may be granted in exceptional circumstances.
Valid grounds include errors of law, errors in applying legal principles to facts, palpable and overriding errors in fact-finding, or procedural unfairness. Simply disagreeing with the decision is not grounds for appeal.
No, filing an appeal does not automatically stop the order from being enforced. You must separately apply for a 'stay' of the order pending appeal. Stays are not granted automatically and require showing merit in the appeal and potential harm.