We understand how stressful it feels after receiving an unsatisfactory family court decision in Ontario. You may be wondering how to deal with it correctly and what should be the next steps of the appeals process. You can appeal a family court decision. However, it doesn’t always guarantee a reversal of the decision. Before opting for family law services in Brampton or other cities, understand the following crucial points and legal procedures.
What You Should Know Before Making an Appeal for Family Court Decisions in Ontario?
As mentioned, there won’t be a guarantee that the final order will be in your favor. Also, learn the difference between a temporary and a final decision. In case of a temporary decision, you will need a “leave”. In other words, a panel of three judges will grant permission to appeal depending on the specified test, which is often hard to pass.
On the other hand, in a final decision, you will have the “right” to appeal the family decision to a higher court. So, in a final decision, you can appeal based on your “right”. Your family lawyer in Brampton or elsewhere will guide you through all the legal processes and terms involved.
Your appeal should prove and have strong evidence that the original decision was made by error to be eligible for a grant. Before making an appeal, remember that when a higher court is looking at similar evidence already submitted in lower courts, they will generally agree with the lower court’s decision. The appeals court will uphold your appeal and the decision-granting process.
Unless you are able to present solid evidence that there is something wrong with the original decision, it’s hard to receive a grant. It means that you cannot expect the appeals court to overturn the order passed by the lower courts unless they find some blatant errors or flaws in the decision-making process. It is a case of “palpable and overriding error”.
Therefore, you cannot appeal a family court decision simply because you dislike it or for other baseless reasons. There must be a strong reason and foundation for your appeal. If you believe there is some error in the decision-making, don’t worry, there are instances where wrongdoing or other errors have reversed the decision. Take the help of professional family law services in Brampton to get the most accurate legal information on whether you should proceed with the appeal or not.
How to Appeal Family Court Decisions in Ontario?
If you are thinking of appealing a family court order in Ontario, here are the steps you can follow.
File all the necessary documents with the Registrar. Along with the documents required for the hearing, you should also attach the proof of service of all those documents. If you are not required to submit a transcript of oral evidence, you can perfect your appeal within 30 days of filing the appeal notice.
The Court of Appeal will grant new hearings or trials for one or both parties. The appeals court will conduct a series of scrutiny checks, such as looking at the evidence, trial transcript, and other documents or materials to determine if errors are made.
After the necessary checks and cross-checks, the Court of Appeals can affirm or deny the original trial court’s decision. If it is reversed, the appeals court may order a new trial or change the decision.
Be it a decision to end a relationship or gain custody of a child, it is challenging for you, both mentally and financially. But this too shall pass! Consult experienced family lawyers in Brampton at Sterling Law who will help you with all the procedures to appeal a family court decision in the Court of Appeal for Ontario.
