Appealing a final court hearing.. any experience?

RAS

have you pmed ndg?

Also have you checked whether any of the local universities has a law centre?

Caroline_a

My ex fought me for custody of my daughter. He was on full legal aid at the time so appealed every single time. As it wasn't held where I was then living I had to travel each time (probably about 6 times in all), and couldnt afford to take my solicitor with me, so I was on my own.

I found that so long as I remained truthful and honest and spoke when I was requested that the judges (there were 2) were very kind to me, having sorted through the pack of lies that my ex told them about me. I never thought of taking anyone with me (I'd never heard of Mckenzie friends) and I think because I was on my own, that the judges recognised that I was nervous and pretty much alone that they were so nice to me.

My solicitor of course had advised me, but she was 200 miles away! And, to be honest, she cost me enough!

geoffky

I personally think you do not need a McKenzie friend YET..
This is going to be a out of time appeal if i am correct and all the judge will decide is whether he is going to allow it..

neverdespairgirl

An appeal from the County Court to the County Court? that is unlikely. It's more probably a new application to the County Court?

Was type of judge was the first order made by? It should say, on the order, either "District Judge Smith" or, "His Honour Judge Smith" or similar.

SunshineButterfly

They were both district judges. The one who made the order at the final appeal and I think the one who is deciding if to give leave for appeal is also a district judge? But the stamps on both documents say county court.

Voyager2002

Have Social Services had any involvement? In a matter of child welfare, perhaps they could provide legal assistance.

SunshineButterfly

SS are currently involved in "children in need". They are involved in a supporting of the children aspect. So since court they have filled in paperwork and had meetings and visits, all of which they have had no issues with me as a mother or the way I have been dealing with current issues. In fact the paperwork will show how the children have improved greatly since living with me. Although I am under the assumption that they cannot provide anything stating this unless asked for by the judge?

neverdespairgirl

I've PM-ed you.

marywooyeah

It may be that the Judge is on a circuit so you are moving tomwhere the Judge is sitting at that time. I wouldn't worry too much at this stage. It sounds like your case began in the family proceedings court, which often are heard in magistrates courts, before being transferred to the county. Your ex has to obtain leave to appeal which is a hurdle in itself as, generally speaking, your ex would need to show that either the law was misapplied ir the judge reached a decision which was plainly wrong to be able to successfully appeal. If he's acting in person even if he does get leave he'll find it a nightmare to comp.ete all the formalities that the Court of Appeal requires.

SunshineButterfly

Thanks, it is a leave to appeal which he has applied for yes you are correct. He has been given a list of things he needs to file and serve and then I get to reply to that. Then we have the hearing itself.