HOW TO COMPLETE FORM FP161 AND WHERE TO SEND IT.

• NOTE 1 – The spouse/ex-partner who initiated the original court hearing that you are appealing is called the petitioner or applicant. The other ex-partner is the respondent. The spouse/ex-partner completing and submitting form FP161 is known as the appellant.
• NOTE 2 – You can complete this form online and then print a hard copy. Alternatively you can download it, print it and then complete by black pen. 
• NOTE  3- If you find there is not enough space to complete your answers on your form FP161 then please use additional sheets of paper to continue on and attach them to your form. Please write your name, address and question number on the top of your additional sheets of paper. 
• NOTE 4 – Please send at least 3-4 copies of form FP161, any evidence, attachments and other forms to the court. The court will distribute the copies accordingly. One copy is required for the court and one for each party in the proceedings.
• NOTE 5 – Please keep a copy of your form FP161, all evidence, attachments and other forms for yourself outside of the ones you send to the family court.
• Form FP161 is 11 pages long.
• Section 1 will ask you to write down the case number of the court hearing you are appealing.
• Section 2 will ask you to write down the name of the court where the hearing that you are appealing took place (the family court or family division of the high court). It will also ask you the status and name of the judge whose decision you are appealing, the date of the court hearing and which type of hearing it was e.g. case management/directions or final hearing.
• Section 3 will ask the name of the applicant and the name of the respondent. Then you will be asked name, address, phone number and email address of the appellant. Then you will be asked to write the name, address, phone number and emails address of each respondent to the appeal. Please continue on a separate sheet of paper if you need to and attach it to your form FP161. Please write your full name, date of birth and question number on the sheet. 
• Section 4 asks if you are legally represented and if you are you must write the details in the boxes provided. You will also be asked if you have a legal aid certificate or a community legal service fund certificate and again you must tick the relevant box. Then you will be asked if the respondent to the appeal is legally represented and if they are you must write the details down in the boxes provided.
• Section 5 will ask you if you need permission to appeal and has it been granted. If permission to appeal has been granted you must tick the ‘YES’ box and then in box A give the date or the court order granting permission and name of the judge who granted it. If permission has not been granted then you must tick the ‘NO’ box and write your name in box B informing the court you are seeking permission. If you have only been given part permission to appeal by the court whose decision you are appealing and you want permission to appeal in respect of the grounds that have been refused then please tick the relevant box. 
• Section 6 will ask about the court order you are appealing about. If you have a copy please attach it to form FP161. You will also be asked if you have submitted form FP161 on time. If not you will need to complete part C of section 10 and explain why not in section 11.
• Section 7 will ask you to write down your grounds of appeal on a separate piece of paper and attach it to form FP161. Please write down your name, date of birth and case number on the piece of paper. The grounds for appeal are the reasons why you wish to appeal, why you are saying the judge who made the court order you are appealing made the wrong decision(s). Your grounds of appeal must be written in numbered paragraphs or bullet points. Your reasons must not be because of new evidence that has just come to light. If you are attaching your grounds of appeal sheets to your form FP161 you must tick the relevant box.
• Section 8 will ask you to write a skeleton argument explaining in further detail your grounds for appeal. Your skeleton argument must contain what type of hearing you are appealing, what in the court order you are appealing, why you believe the court order is wrong, and what decision or what you want the court that is hearing your appeal to do. It must explain in detail the reasons for your appeal including why the initial decision is wrong, if it is due to a procedural reason, or an irregularity in the proceedings. This whole document should not really be longer than 20-25 pages. The skeleton argument can be sent in with form FP161 or within 14 days after submitting form FP161. You must tick the relevant box whether you are sending in the skeleton argument now with form FP161 or later within 14 days. The government has provided a template for a skeleton argument for you to use. It is called form N163. This template is only used for appeals. Please click on the link to access it.

LINK TO OUR L.I.P HELP GUIDE FOR FORM N163

• In section 9 you will need to tell the court whether you want them to set aside the court order you are appealing, vary it or have a new trial. Please tick the relevant box and give an explanation where asked.
• In Section 10 you can make applications within your appeal case such as a stay/stop of the original court order, a stay of the original court proceedings or an extension of time for filing form Fp161. You can make these applications by ticking the relevant box in section 10 of form FP161 and giving a detailed explanation in section 11. If there are any other additional applications you wish to make within this appeal, in connection with this appeal, you can do so by using the application form FP244. Once completed, you can send this form alongside form FP161.
  • • Please tick box in part A if you want to apply for a  stay of execution to stop the original court order being executed until after the appeal has been decided. Please write in section 11 why you want this stay and detail and attach any evidence to support this. 
    • Please tick box in part B if you want to apply for a stay of proceedings to stop the case until after the appeal has been decided. Please write in section 11 why you want this stay and detail and attach any evidence to support this. 
    • Please tick box in part C if you want to apply for more time to send in your appeal. Please write in section 11 why there is a delay.
    • Please tick box D if you want to apply for a specific order. Please write in section 11 the details of this order and why you want it.

LINK TO OUR L.I.P HELP GUIDE FOR FORM FP244 

• In section 11 you will be asked to detail any evidence you wish to rely on to support your appeal and reasons for applications you wish to make in section 10. You can write a witness statement in the space provided and continue on an attached sheet if you wish. You will then be asked at the bottom of page 9 in section 11 to sign a statement of truth.
• Section 12 details how many copies of form FP161 you will need to send. It also lists all supporting documents you will need to send alongside form FP161. Please tick the relevant box if you are submitting any of these documents with FP161. If you are sending in any of these documents after you have submitted form FP161 then please write this down on page 11 of form FP161 where you must list this document, the reason why it has not been supplied and the date when it will be supplied. You should send 3 copies of every form and document to the court. If there are more respondents then you should send a copy for each of them. The documents you may need to send if they are relevant to your case are – 
  • • A sealed copy of your completed form FP161 – Including the sheets of paper listing your grounds for appeal. You should also send a copy for each respondent if there are more than 1.
    • A sealed or stamped copy of the court order you wish to appeal – You can send this attached to form FP161 or after you have submitted form FP161 if you do not have it.
    • A copy of the court order giving or refusing permission to appeal and a copy of the judge’s reasons for allowing or refusing permission to appeal. – If you have a copy of this then send it with form FP161.
    • Skeleton argument detailing grounds for appeal. – If your skeleton argument is ready to send when you submit form FP161 please tick the relevant box. If it is not ready then you can send it to the court hearing your appeal within 14 days. You must send copies for each of your respondents. 
    • Evidence – Attach any evidence you will need to rely on to form FP161. If you need to get hold on it then you can send it to the court hearing your appeal after you have submitted form FP161. 
    • A copy of your legal aid certificate or CLSF certificate if you have one. 
    • Copies of any documents referred to in the original court order you are appealing.
    • A copy of any witness statement to support any applications within your appeal.
    • Transcript or a note of judgement – You will probably need to apply for this first and make sure it reaches the court where your appeal is being heard. The transcript will probably reach the court hearing your appeal after you have submitted form FP161. 

Please note that all court hearings are recorded. A written record of this is called a transcript. You must provide a transcript of the hearing for the appeal judge. The application form used to get a transcript is called form EX107. 

LINK TO OUR L.I.P HELP GUIDE FOR ‘FORM EX107’. 

There is a fee to send form EX107 to the court. If you are on a low income or on certain benefits, you get the costs of the transcript paid for you. You will need to complete form EX105. 

LINK TO OUR L.I.P HELP GUIDE FOR ‘FORM EX105’.

You can apply for parts of the transcript or for the whole transcript – that is your choice depending on how much of the transcript you need. Court transcripts are costly and the more of it you order, the more money it will cost you. You must send your form FP161 in on time, even if you do not have a transcript. You must inform the court in section 12 of form FP161 that you have applied for a transcript and they will have it in due course. If you cannot get a transcript, the appeal will go ahead without one and either you or your barrister/solicitor who represented you can forward a detailed note/statement about the hearing you are appealing. Your ex-partner’s barrister/solicitor could also do this, but you must be cautious if you go down this route. It could cost you money and they may not give the right information that you need for your appeal. You can also ask the court to look at the notes of the court legal adviser if your case was heard by a magistrate or the court can look at the judge’s notes. 

For more information about transcripts please click on the link below.

LINK TO OUR L.I.P HELP GUIDE FOR WHAT IS A COURT TRANSCRIPT

• Please remember to sign your form FP161 in section 13.
• You must send your appeal to the following address – Family Division Appeals Office, Floor 1M, Queen’s Building, Royal Courts of Justice, Strand, London, WC2A 2LL. You can also email your appeal to –  appeals.familydivision@hmcts.gsi.gov.uk

WHERE CAN YOU FIND FORM FP161/DOWNLOAD THIS FORM?

Please click on the link below to download form FP161 from the government website. Please complete and send by post (signed for recorded delivery).

LINK TO GOVERNMENT WEBSITE FOR FORM FP161

WHEN WAS FORM FP161 FIRST PUBLISHED AND LAST UPDATED?

Form FP161 was first published by the government (HM Courts & Tribunals Service) on 01-10-2016.