In some family law matters, an appeal to a higher court is sometimes needed. An appeal is essentially a request to have the decision of the lower Court reviewed by the higher Court. The appeal process is very complex and requires an Ottawa family law appeal lawyer with expertise in this process.
Part of the appeal process is developing a sound legal argument to challenge the decision of the lower Court. This could include reviewing evidence, facts, witness testimony and other details, determining how each of these applies and whether there is sufficient grounds to file an appeal. There needs to be a finding that the court made an error in the case. This error then needs to be corrected on appeal.
Before filing an appeal with a higher Court, your lawyer will review exactly what it you want to appeal. In certain cases, it may be possible to simply request a modification to an existing Order or Agreement with the lower Court, where an appeal is not required.
If it is determined a modification is not applicable and there are grounds for an appeal, then the appeal must be filed in the right Court, based upon which lower Court the initial decision or ruling came from. The appeal process will take into account the Rules of Civil Procedure and the Family Law Rules. In addition, it needs to be determined that the Order or Agreement being appealed is a temporary or final decision made by the lower Court.
Davies Law Firm has the expertise to help you through the complex appeal process. We can help review why you want to file an appeal and what legal options would be best for your case. Our law firm can also lend assistance if you need to defend against an appeal filed by your former spouse.
Our goal is to guide our clients through the appeal process and whether this is their best solution to their issues. For further information about the family law appeal process, please feel free to contact our Ottawa family law firm at (613) 688-0462 to schedule a consultation today.