Appealing a final court hearing.. any experience?

SunshineButterfly

I wondered if anyone has ever been to an appealed hearing against a final court hearing regarding child custody?

It seems my wonderful ex has applied and we now have to go to a hearing where the judge will decide whether to allow him his appeal or whether to decline it.

I am not happy. Just as I thought my life could final be back in order without him controlling it and ruining it. Guess that will never happen eh?

neverdespairgirl

Appealing against what? When you say final, what level of court was it? (County Court, Magistrates, etc) and to which court is he appealing?

RAS

A bit of background

https://forums.moneysavingexpert.com/discussion/4537389

SunshineButterfly

Thanks RAS.

Neither of us have legal aid now. But he has a McKenzie friend. So I am considering doing the same. The problem I face is they charge fees too. Money is tight and I would hate to waste it all on court battles when it should of already of been sorted.

But at the same time I do not want to go and face all this without representation for in case that gives him a chance to get his own way.

Surely judges do not make final decisions on a whim. I am sure they would have had many reasons for their decision?

I guess I am currently stressed again and worried. The children have settled so well recently. Their behaviour has improved dramatically and they finally seem happy and almost fully relaxed.

I really would hate for their world to be turned upside down again.

RAS

Can you answer NDG's questions? It might help you.

neverdespairgirl wrote: »

Appealing against what?
When you say final, what level of court was it? (County Court, Magistrates, etc)
and to which court is he appealing?

SunshineButterfly

Sorry I missed that earlier. I think it was county court, but am not too sure. It was a high one where you need barristers as opposed to solicitors as we all had to get up on the stand. It started off in magistrates I think? I get really confused by the difference.

SunshineButterfly

ok I have been and dug the orders out of my paperwork box. The final hearing was at a county court. The "application for leave to appeal" is at a county court, but a different one to the last. I am not sure why that has changed. I am assuming because an appeal has to be before a different judge as it is basically saying that the last judge made an incorrect order?

neverdespairgirl

I've got to shoot off now, but I'll reply more tomorrow morning. My experience is from the other side of the fence - I've no experience being a litigant; I'm a barrister.

SunshineButterfly

neverdespairgirl wrote: »

I've got to shoot off now, but I'll reply more tomorrow morning. My experience is from the other side of the fence - I've no experience being a litigant; I'm a barrister.

I would be very happy to go into more details if you wanted to PM me next time you are free. As I would love your opinion of if its needed to spend a fortune on a McKenize friend or whether to just bite the bullet, grow a back bone and represent myself.

RAS

nsd

Would it be possible for SD to ask that the case is referred back to the court nearer home?

Any mileage in asking for the case to be struck out as vexatious?

SunshineButterfly

The new court it is being held at is still local. So I do not think I could ask that.

Does anyone on here know much about McKenzie friends who would be able to advise me? I have found a reputable one, but they all ask for a deposit to secure their time and to begin helping. I do not want to rush in to that, but obviously if I am going to use one I need to start using them pretty quickly!