With certain family law matters, it is sometimes necessary to appeal the decision to a higher court. An appeal is a request to have a ruling made by a lower court reviewed by a higher court. The nature of filing an appeal is rather complex. To have your appeal submitted correctly, you will require assistance from a Toronto family law appeals lawyer with expertise in the appeals process.
A key part of filing an appeal is developing a solid legal argument to demonstrate why the decision of the lower court needs to be challenged. The process of preparing the appeal will likely include a review of witness testimony, evidence, facts, and the law applied to your case by the lower court.
Each of these aspects of the lower court decision must be considered and reviewed to determine how and if there are sufficient grounds for filing an appeal. Typically, one must establish that the lower court made an error in fact or law in its decision. The grounds for appeal are then outlined in a Notice of Appeal.
Before you can submit and file an appeal, your Toronto family law lawyer has to review the original case to know exactly what it is you want to appeal to the higher court. In some cases, an appeal is not required when you want to request a modification to an existing Agreement or Order issued through a lower court.
If a modification is not applicable to your case, grounds for an appeal have to be established within the confines of family law. Furthermore, the appeal must be filed with the right court. The higher court will be determined based upon the lower court that made the initial ruling or decision and whether the decision is a final or temporary one.
The Family Law Rules and the Rules of Civil Procedure are taken into account during the appeal process as well. These set out specific procedures to be followed during the filing and perfecting of the appeal.
At Davies Law Firm, we have the expertise to address the complexities of the appeal process and assist you. We will review with you your reasons for wanting to file an appeal. We will discuss what your legal options are and which ones would be best for you. Our Toronto family law lawyers are also available to provide representation if you need to defend against an appeal filed by your former spouse.
Our objective is to guide you through the appeal process and help you determine if filing an appeal is the best solution to resolve your issues. To learn more about filing a family law appeal, please feel free to contact Davies Law Firm to schedule a consultation today.