Decisions made within care proceedings have lasting and impactful consequences for the family involved. The Family Court therefore has a duty to consider all of the information before it and place the child's welfare as its paramount consideration.
However, parents and other family members of a child could very well disagree with the Court's final decision or decisions made during care proceedings, and that is where the right to appeal is relevant.
Appealing Final Placement and Adoption Orders
If a party to proceedings believes that the Court has misapplied the law or the facts of the case in making an order for the placement or adoption of a child, it may be possible to appeal the order. There is a deadline of 21 days after the Court makes its decision to do this by, and so it is important to act quickly.
The first step in the appeal process is to get the court's permission to appeal the decision by showing that such an appeal would have a strong chance of succeeding if the court heard it fully. If permission is granted, an application to appeal the Placement or Adoption Order can be made.
When the Court considers an application to appeal a Placement or Adoption Order, it will need to decide not just if a different kind of order would be better for the child, but also if another hearing needs to take place for a new decision to be made.
Appealing Findings of Fact Made Against You
When the court makes a finding of fact, it has decided that an allegation against a party to the proceedings is true based on the evidence that has been presented to it. Judges need to do this so that they can assess the risks posed to the child.
A party may appeal a finding of fact if the Judge who made the initial finding against them did not equally consider all of the relevant evidence in front of it. Again, there is a time limit of 21 days in which do make your application so it is really important to act quickly.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
