In family law cases, one party may be disappointed by the outcome and seek to retain a Family Appeal Lawyer to review the decision to see the reasons for the decision or to determine if an error as to the application of law occurred in the proceedings.
If you think that the judge may have erred in applying the law to your case, you can appeal it. Family law orders regarding child support, property, custody, or divorce can be appealed.
Before an appeal, there needs to be a careful analysis of the decision and the nature of the decision-maker’s error needs to be clearly stated. Depending on the type of error, The Court of Appeal has different standards of review for different types of errors. In general, they will review transcripts and other materials filed in order to determine if an error was made by the presiding judge.
There are different rules for appealing a decision that depend on the court in which the original decision was made that need to be strictly adhered to. For example, there are different time limits for filing the appeal and completing the steps required in the process. If you are appealing an order from the BC Supreme Court, you will need to go through the BC Court of Appeal and stand before three judges to explain the errors you think the trial judge may have made. If you are appealing an order from the Provincial Court of BC, then you will need to go through the BC Supreme Court to have a judge listen to your grounds for an appeal.
A Family Law Appeal lawyer is almost always necessary for a successful appeal because of the many rules that need to be followed. At least one-third of family law appeals are at least partially successful. Talk to a Family Law Appeal Lawyer at Nirwan Law Corporation if you think you may have a good chance to prove your case. BC Family Law appeals are some of the most complicated and time-consuming aspects of family law so it’s important to consult with a Family Law Appeal lawyer to see if an appeal may be worth pursuing and if so, how to complete the process properly, effectively and in a timely manner.