Applications for permission to appeal in the Family Court
Produced in partnership with David Salter of Mills & Reeve
Applications for permission to appeal in the Family Court

The following Family guidance note Produced in partnership with David Salter of Mills & Reeve provides comprehensive and up to date legal information covering:

  • Applications for permission to appeal in the Family Court
  • Permission
  • Allocation
  • Appeal notices
  • Documents
  • Skeleton arguments
  • Filing and service
  • Reopening of decision on permission application

Reforms to the family justice system that took effect on 22 April 2014 made changes to appeals, in particular as a result of the introduction of the single Family Court. The key provisions are set out in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 30 and FPR 2010, PD 30A. Additional changes were made in relation to appeals with effect from 3 October 2016 as a result of the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) (Amendment) Order 2016, SI 2016/891, see Practice Note: Appeals—general principles, practice and procedure including as to Forms and fees.

Permission

Permission is required to appeal any judgment or order made by the Family Court except:

  1. a decision of a bench of lay magistrates or a single lay justice

  2. a committal order

  3. a secure accommodation order

  4. a refusal to grant habeas corpus for release in relation to a minor

A party can apply for permission to appeal either to the lower court at the hearing at which the decision to be appealed was made, or to the appeal court in an appeal notice. If the court giving judgment refuses permission to appeal, an application may still be made to the appeal court. In P v P, the Court of Appeal held that as a matter of good practice the application for