• Page:
  • 1

TOPIC: Appealing a court decision

Appealing a court decision 2 weeks 3 minutes ago #100899

  • Pmax
  • Pmax's Avatar Topic Author
  • Offline
  • Fresh Boarder
  • Fresh Boarder
  • Posts: 2
  • Thank you received: 0
Hi,

I've just been through a court battle for court custody of my child. I was going for 50/50, and the ex wanted me to have him alternative weekends only. She won. I went from seeing my don every day, down to 50/50 then down to alternate weekends. School lied so much as did the ex. I proved the majority of the lies still went her way. None of us had representatives. And the judge was putting words in her mouth, as if aiding her.

I've started a job, which I told the judge I'd been offered that is all weekend work. I left my previous job to have the time for 50/50. As the starts were 3 in the morning sometimes.

They also went against what my son wanted. And the judge said' and I quote. It's the adults that make the decisions I replied with I know this, but I also like to take my childs feelings into consideration aswell. The judge basically said it doesnt matter what the child wants.

How and where do I go from here with the appeal process.

Thanks

Paul

Please Log in or Create an account to join the conversation.

Appealing a court decision 1 week 6 days ago #100902

  • Pmax
  • Pmax's Avatar Topic Author
  • Offline
  • Fresh Boarder
  • Fresh Boarder
  • Posts: 2
  • Thank you received: 0
She also broke the agreement in the first week. As it was shared care during school holidays. She refused to allow me to have him on the weekend.

Please Log in or Create an account to join the conversation.

Appealing a court decision 1 week 6 days ago #100915

yes they can be jerks at times. when i asked my barrister, what happens if i struggle with picking up kids from school? he said i can just change jobs lol. easier said than done. he added that they can not decide everything for us. court expects parents to be reasonable and also reach own/additional agreements. but not really possible with a psycho ex.

here is info on appeals childlawadvice.org.uk/information-pages/appeals/

from what you have mentioned, i would not bother appealing. have a feeling you wont get anywhere. but you mention she has already broken rules of the order?

if so, then you can apply for enforcement, form C79: www.gov.uk/government/publications/form-...ld-arrangement-order

Please Log in or Create an account to join the conversation.

Last Edit: by Bill337.

Appealing a court decision 1 week 6 days ago #100925

  • Mojo
  • Mojo's Avatar
  • Offline
  • Moderator
  • Moderator
  • Posts: 8561
  • Thank you received: 1785
Its not advisable to make an application after just one breach, if it continues, keep a record of the times when she breaks the order, in preparation for an enforcement application... however, be aware that enforcement application are rarely successful.

Please Log in or Create an account to join the conversation.

DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Appealing a court decision 1 week 5 days ago #100928

A Childs Wishes and Feelings can be taken in to account but is dependent on their age, level of understanding and maturity for their age....well at least that's what the Courts and CAFCASS say!

you can only appeal a decision if you can prove the court (Judge) made an error in applying the law to the case or if significant evidence was ignored....you'll find trying to prove either a difficult task.

you have 21days from the hearing date to appeal.

Please Log in or Create an account to join the conversation.

Dad-i-d

i'm not legally trained....i'm just a Dad going through hell to see his child grow up and become a decent man and human being.....my goal is simple...to be the father to my child like my father is to me...my hero.

Started this battle 2010.....who knows when the fighting will stop!

Parental Alienation is real and is abuse!
  • Page:
  • 1
Moderators: Samantha Downes