Do you need a lawyer for appeal cases on family law? We have put together this article to explain how to do family law appeals. When you file an appeal, the original judge loses the power to make further decisions.
If regular family law court is complex (Provincial Court and Supreme Court), then family law appeals are even more so. Doing an appeal without a lawyer is impossible for most people.
When someone is unhappy with court decisions, they can try and appeal the decision. On TV, it’s normally all about trials. With appeals, it’s normally a bunch of senior judges looking at the laws and if a mistake was made.
Judges make decisions. Judges are lawyers who were given the opportunity to become a judge. Often the main criteria to be a judge is the number of years in the profession. Further, that the lawyer has done a lot of community service.
The appeal process is completely different than the trial process. Appeals do not deal with evidence. If you see a trial on TV, people are looking at the evidence. The appeal process is mostly writing your arguments. All of the witnesses and evidence have already been looked at. The appeal court will look to see the trial record at the Supreme Court or Superior Court level.
You need a lawyer that is great at research and writing. Being able to argue in court and examine witnesses is not very important for appeals. An appeal lawyer for family law needs to look back at previous cases. A trial lawyer could be making a record for the appellate courts to look at. It’s called trying a case with an appeal in mind. If a client can afford it, appeals can be effective. Family law appeals are often very expensive.
If you find yourself with the need to appeal a court decision, you should hire a lawyer. Normally in the family court, there are only the judges and the lawyers. The people with the family law issue will not even show up to court. If you are the person bringing the appeal, you are called the appellant. If you are the person who doesn’t want the appeal to happen, you are the respondent.
Most appeals are because of the law of precedent. Someone might feel that the judge during the trial ignored an important precedent. You can watch our videos to learn more about family law.
It depends on what level of court the decision was made at. If the decision was made at the provincial level, it's not too hard to get it reviewed. If it was made at a upper court level, it's very hard. However, not impossible.
It's not possible to provide any timeline on this in a general way. You need to speak to a lawyer today
It depends on which court the decision was made at. Each court has their own rules.