How To Appeal A
family court decision
This Help Guide is about appealing a family court decision. Please read this page through thoroughly as there are STRICT DEADLINES within which you must appeal. These deadlines differ depending upon the type of court hearing you are appealing.
This Help Guide has been written in a question and answer style to make it easy to follow.
Yes you can. Normally, a judge/magistrate will give reasons at your court hearing why they have made certain decisions regarding your court case. These decisions are written into a court order – a court stamped legal document written at the end of a court hearing detailing all the decisions that have been made at the hearing. When the reasons for these decisions are not clear cut and decisions have not been explained – this is called material omission. You can ask the court for an explanation in response to this. This must be done within days of the court hearing or even on the same day. You can email a list of questions to the court, such as, why a piece of evidence was not taken into consideration. Do include/attach any evidence that you are referring to.
While you are waiting for the court to reply to you, you should complete the appeal form detailed further down on this page and have it ready to send off in case the court does not reply in time or you are not happy with their explanation.
WHAT IF YOURS OR YOUR EX-PARTNERS SITUATION HAS CHANGED OR SOMETHING WASN’T DISCLOSED AND THE COURT ORDER NEEDS TO CHANGE IMMEDIATELY AFTER A COURT HEARING – CAN YOU DO THIS WITHOUT MAKING AN APPEAL?
Yes you can. If yours or your ex-partners circumstances have changed immediately after the court hearing, or one party didn’t disclose something relevant, or a mistake has been made by one of the parties, then you do not need to appeal the court order because you are not appealing a decision made by the judge/magistrate. The amendment or discharge of the court order is being asked due to a mistake or change of circumstance of one of the parties. You can complete and submit application form FL403 to the court to do this.
LINK TO OUR L.I.P HELP GUIDE FOR FORM FL403
WHAT IF NEW EVIDENCE HAS COME TO LIGHT AFTER A COURT HEARING AND THE COURT ORDER NEEDS TO CHANGE – CAN YOU DO THIS WITHOUT MAKING AN APPEAL?
Yes you can. If there is now new evidence, or certain evidence was not available at the time of the court hearing, you can make an application to the court using the forms below for them to consider the new evidence. You will also need to send a copy of this application with the attached new evidence to your ex-partner and their solicitor. You must explain in the application why the evidence was not submitted before and how it could have influenced the outcome of the hearing.
The application form you need for this is form D11 if this is a financial settlement case, or form C2 if this is a child arrangements case.
LINK TO OUR L.I.P HELP GUIDE FOR ‘FORM D11’
LINK TO OUR L.I.P HELP GUIDE FOR ‘FORM C2’
WHAT RULES ARE APPEALS IN THE FAMILY COURT GOVERNED BY?
They are governed by the Family Procedure Rules part 30.
LINK TO FAMILY PROCEDURE RULES PART 30
WHAT ARE YOU CALLED IF YOU MAKE AN APPEAL?
You are called the appellant. Your ex-partner will be called the respondent.
WHAT IS THE OUTCOME OF AN APPEAL IF IT IS SUCCESSFUL?
An appeal can lead to a re-hearing to vary or set aside a court order in full or parts of it.
ARE THERE TIME LIMITS WITHIN WHICH YOU MUST SUBMIT YOUR APPEAL?
Yes there are. You must submit your appeal within the following times –
- If the court hearing you are appealing about was a case management decision, an interim care order, or a directions hearing – then you have to appeal within 7 days with the first day being the court hearing date. If your court hearing is on Friday, then your appeal has to be in with the court administration department by the end of day of the following Thursday.
- If the court hearing you are appealing was a final hearing – you have to appeal within 21 days and the first day is the day after the court hearing.
- At other times, a judge may give you a deadline within which to appeal and you must adhere to this.
LINK TO GOVERNMENT WEBSITE FOR FORM 207 TIME LIMITS FOR APPEALING
WHICH COURT FORMS DO YOU USE TO MAKE AN APPEAL APPLICATION?
The forms used to make an appeal are called the appellants notice and this is how they will be referred to from now on in this Help Guide. There are 2 types of appellants notice –
Form FP161 is used for appeals to the family division of the high court. Decisions made by the following judges will be heard in the high court.
- Circuit judge in the family court for children’s disputes – except where the decision or court order is about a second appeal or contempt of court.
- District judge/senior district judge in the family court for financial proceedings.
- District judge/deputy district judge/senior district judge in the family division of the high court.
- High court judge.
- Costs judge in the high court.
You must send your appellants notice 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 appellants notice to – appeals.familydivision@hmcts.gsi.gov.uk
This website has a Help Guide for form FP161. Once you have read this page, you can click on the link below to access form FP161 where it will go into detail how to complete it. The topics covered are –
- What is form FP161 used for?
- Are there any government or our own L.I.P Help Guides or write ups to help you complete form FP161?
- What is the fee to send form FP161 to the court and how to pay for it?
- How to complete form FP161 and where to send it.
- Where can you find form FP161/download this form?
- When was form FP161 first published and last updated?
LINK TO OUR L.I.P HELP GUIDE FOR FORM FP161
Form N161 is used if you are appealing all other family court decisions made by the following –
- A magistrate.
- District judge in the family court.
- Form N161 is also used for a second appeal.
- Circuit judge in the family court where the decision is about contempt of court.
The government has set up a webpage where you can find out where to send your form N161 with all its attachments by answering some questions and the webpage will give you the answer.
LINK TO GOVERNMENT WEBSITE TO FIND OUT WHERE TO SEND YOUR N161 APPEAL FORM
This website has a Help Guide for form N161. Once you have read this page, you can click on the link below to access form N161 where it will go into detail how to complete it. The topics covered are –
- What is form N161 used for?
- Are there any government or our own L.I.P Help Guides or write ups to help you complete form N161?
- What is the fee to send form N161 to the court and how to pay for it?
- How to complete form N161 and where to send it.
- Where can you find form N161/download this form?
- When was form N161 first published and last updated?
LINK TO OUR L.I.P HELP GUIDE FOR FORM N161
DO YOU NEED PERMISSION TO APPEAL AND HOW TO GO ABOUT GETTING THIS?
Yes you do need permission to make an appeal.
If the court hearing that you wish to appeal was heard by a judge, you can ask the judge at the end of the court hearing for permission to appeal. If this judge has refused permission to appeal or you didn’t ask for one, then you can ask the court that will be hearing your appeal for permission to appeal at the same time as you send them your appellants notice. You can do this in section 5 of form FP161 and section 4 of form N161. Here you will be asked if you need permission to appeal and has it been granted. If you already have permission, then you must tick the relevant box.
The only time you DO NOT need permission to appeal is if the court decision was made by a magistrate.
If the court that is hearing your appeal refuses you permission to appeal once they have received your appellants notice, you can ask for an oral hearing where you can state your case for an appeal. This must be done within 7 days or the refusal of permission to appeal will be permanent. If the court says that your appeal has no merit and that is why your permission has been refused, then you cannot take any further action and you will receive a court order saying this.
The forms used to ask for an oral hearing are forms FP244 if your appeal is being heard at the family division of the high court or form N244 if your appeal is being heard by any other court besides the high court. Both of these forms are discussed further down on this page.
When permission to appeal is decided at the same time as the appeal itself, you will attend a hearing where you will state your case to be given permission to appeal and then state your case for the appeal. The judge will then decide.
A judge can give permission to appeal in full or with limitations. Permission is only granted by a judge where your appeal has a chance of success.
DO YOU NEED TO ATTACH THE ORIGINAL COURT ORDER THAT YOU ARE APPEALING TO THE APPELLANTS NOTICE?
Section 5 of form N161 and section 6 of form FP161 asks you to explain which part of the court order you want to appeal. If you have the court order then attach a copy of it to the appellants notice. If you do not have it because the court has not sent it to you yet then you can send it to the court that is hearing your appeal after you have submitted your appellants notice.
WHAT DOES THE APPELLANTS NOTICE MEAN WHEN THEY ASK WHAT ARE YOUR ‘GROUNDS FOR APPEAL’?
Section 6 of form N161 and section 7 of form FP161 will ask you what are your grounds for appeal. These are the reasons why you would like to appeal and they MUST NOT be based on new evidence.
You need to write the grounds for your appeal in numbered paragraphs on a separate sheet of paper and attach it to the appellants notice. Please put your full name, date of birth, case number on the separate sheet. You can use bullets points if this helps you.
Section 7 of form N161 and section 8 of form FP161 asks you to write a skeleton argument defending and giving more detail on your grounds for appeal. It 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 shorter the better. The skeleton argument can be sent in with the appellants notice or within 14 days of sending in the appellants notice. You must tick the relevant box whether you are sending in the skeleton argument now with the appellants notice or later within 14 days.
The government has provided a template for a skeleton argument that you can use. It is called form N163. This template is only used for appeals. Please click on the link to access this template.
LINK TO OUR L.I.P HELP GUIDE FOR FORM N163
ON THE APPELLANTS NOTICE YOU WILL BE ASKED WHAT YOU ARE ASKING THE COURT HEARING YOUR APPEAL TO DO
In section 9 of both forms N161 and FP161 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.
DOES AN APPEAL STOP THE ORIGINAL COURT ORDER?
No, it does not. You and your ex-partner will still need to comply with the original court order. If you want to stop the original court order please read the next section below.
HOW DO YOU STOP THE ORIGINAL COURT ORDER?
You need to apply for a stay – this is a temporary pause of a court order while an appeal is being looked into. You can apply for a stay in the appellants notice.
Please tick the box in part A of section 10 of form N161 and the relevant box in part A or B in section 10 form FP161. You must give your reasons for asking in section 11 of these forms.
The original court order will become effective if your appeal fails.
CAN YOU STOP FURTHER STEPS BEING TAKEN IN YOUR COURT PROCEEDINGS UNTIL AFTER YOUR APPEAL HAS BEEN HEARD?
Yes you can. If you tick the box in part B in section 10 of form FP161 you can apply for a stay of court proceedings to stop further steps being taken in your court case until after your appeal has been heard. You must detail your reasons for asking in section 11 and provide evidence to support your ask if you can.
CAN YOU APPLY FOR MORE TIME TO SUBMIT YOUR APPEAL?
Yes you can. You can apply for an extension of time in the appellants notice by ticking the box in part B in section 10 of form N161 and box C in section 10 of form FP161. You must give your reasons for asking in section 11 of these forms.
CAN YOU MAKE OTHER ADDITIONAL APPLICATIONS, WITHIN YOUR APPEAL, IN CONNECTION WITH YOUR APPEAL?
Yes you can. You can make additional applications, within your appeal, that are in connection with your appeal itself. The form used is called form FP244 if you are making an application within an appeal that is being heard at the family division of the high court. Form N244 is used if you are making any additional application within your appeal to any other court besides the family division of the high court.
This website has a Help Guide for forms FP244 and N244. Once you have read this page, you can click on the links below to access these forms where it will go into detail how to complete them. The topics covered are –
- What are forms FP244 and N244 used for?
- Are there any government or our own L.I.P Help Guides or write ups to help you complete forms FP244 and N244?
- What is the fee to send forms FP244 and N244 to the court and how to pay for them?
- How to complete forms FP244 and N244 and where to send them.
- Where can you find forms FP244 and N244/download these forms?
- When were forms FP244 and N244 first published and last updated?
LINK TO OUR L.I.P. HELP GUIDE FOR FORM FP244
LINK TO OUR L.I.P HELP GUIDE FOR FORM N244
THE APPELLANTS NOTICE IS ASKING FOR EVIDENCE IN SUPPORT OF YOUR APPEAL APPLICATION – SHOULD YOU SEND IT IN WITH THE APPELLANTS NOTICE?
In section 11 of both forms N161 and FP161 you will be asked to write down details of any evidence you wish to submit in support of your appeal application. You must explain the reasons why this evidence is important. You can write in the space provided and continue on an attached sheet of paper if needed. You must put your full name, date of birth and case number at the top of the sheet and attach it to your appellants notice. If you can you must send in your evidence with your appellants notice but if you cannot then you must send it to the court within 14 days of submitting your appellants notice. If this is the case then you must write down in section 12 of your forms N161 and FP161 the name of the evidence, the reason it has not been sent with the appellants notice and the date when it will be sent.
WILL AN APPEAL ACCEPT NEW EVIDENCE?
Not normally, except in very exceptional cases.
If you want to ask permission for the court that is hearing your appeal to accept new evidence at the same time as you are submitting the appellants notice you will need to detail this in sections 10 and 11 of form N161 and FP161.
Once you have submitted your appellants notice and you want to introduce new evidence you will still need to ask the courts permission. You can ask for this permission using the following 2 application forms –
Form N244 is used to make an application within an appeal, that are in connection with your appeal itself. For appeals that are being heard at any court except the family division of the high court.
Form FP244 is used to make an application within an appeal, that are in connection with your appeal itself. For appeals that are being heard at the family division of the high court.
IN SECTION 12 OF THE APPELLANTS NOTICE YOU WILL BE ASKED TO PROVIDE A TRANSCRIPT. WHY DO I NEED TO PROVIDE ONE?
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. To do this 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 appellants notice in on time, even if you do not have a transcript. You must inform the court in section 12 of both forms N161 and 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 court 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
SHOULD YOU STILL SEND IN YOUR APPEAL IF YOU ARE WAITING FOR EVIDENCE OR A TRANSCRIPT?
Yes, you must. The appeal application has to reach the court that is hearing your appeal on time, but you can inform them in section 12 of your appellants form that further evidence or a transcript will be sent to the them as soon as it arrives.
HOW MANY COPIES OF THE APPELLANTS NOTICE DO YOU NEED TO SEND TO THE COURT THAT IS HEARING YOUR APPEAL?
You will need to send 3 copies of your appellants notice including 3 copies of your grounds for appeal and any attachments. If there is more than one respondent then you must send an additional copy for each one.
TO SUMMARISE WHAT DOCUMENTS DO YOU NEED TO SEND WITH THE APPELLANTS NOTICE AND CAN YOU SEND ANY OF THESE DOCUMENTS TO THE COURT THAT IS HEARING YOUR APPEAL AFTER YOU HAVE SUBMITTED THE APPELLANTS NOTICE?
Sections 12 of forms N161 and FP161 lists all the supporting documents you will need to submit with your appellants notice. If you are submitting any of these documents with your appellants notice you will need to tick the relevant box. You may not have some of these documents when you are submitting your appellants notice, so in this case you may send them in after. You must list this document, the reason why it has not been supplied and the date when it will be supplied in section 12 of both forms N161 and FP161.
- A copy of the court order you wish to appeal – You can send this attached to the appellants notice or after you have submitted your appellants notice if you do not have it.
- A copy of the court order giving or refusing permission to appeal – If you have a copy of this then send it with the appellants notice form.
- Grounds for appeal – You must detail your grounds for appeal on a separate sheet of paper(s) and attach it to your appellants notice.
- Evidence – Attach any evidence you will need to rely on to the appellants notice. If you need to get hold on it then you can send it to the court that is hearing your appeal after you have submitted your appellants notice.
- Transcript – You will probably need to apply for this first and make sure it reaches the court that is hearing your appeal. It will reach this court probably after you have submitted the appellants notice.
- Skeleton argument – If your skeleton argument is ready to send when you submit your appellants notice then tick the relevant box. If it is not ready then you can send it to the court that is hearing your appeal within 14 days.
WHAT IS AN APPEAL BUNDLE AND HOW DO I PREPARE ONE?
An appeal bundle is basically an A4 file of all the documents we have mentioned above plus others that you need to send to the court that is hearing your appeal once you have sent the appellants notice. If you have applied for permission by ticking the relevant box in section 5 of form FP161 and section 4 of form N161, then you have 14 days to submit the bundle to the court. The bundle must contain a copy of the original appellants form, the original court order, the skeleton argument, the reasons, and all evidence that was before the original judge whose court order you are appealing. If your bundle is missing any documents, you must inform the court that is hearing your appeal when you will provide them.
LINK TO GOVERNMENT GUIDE FOR FORM 204 TO PREPARE AN APPEAL BUNDLE
LINK TO OUR L.I.P HELP GUIDE TO ‘HOW TO PREPARE A BUNDLE FOR COURT’
WHERE DO I SEND MY APPELLANTS FORM, DOCUMENTS AND BUNDLE?
You can send form FP161 to – Family Division Appeals Office, Floor 1M, Queen’s Building, Royal Courts of Justice, Strand, London, WC2A 2LL. You can also email your appellants notice to – appeals.familydivision@hmcts.gsi.gov.uk
You can send form N161 to – the government has set up a webpage where you can find out where to send your appellants notice, statements, and bundle by answering some questions and the webpage will give you the answer.
LINK TO GOVERNMENT WEBSITE TO FIND OUT WHERE TO SEND YOUR APPEAL FORM
HOW MUCH DOES IT COST TO SUBMIT AN APPEAL?
You will have to pay the costs to send in an appeal. Please refer to the government guidance form 200 which lists the fees.
LINK TO GOVERNMENT GUIDANCE FORM 200 – FEES FOR APPEALING
- Please attach a cheque or postal order made payable to HM Courts & Tribunal Service.
- If you are on certain benefits or on a low income, you can apply to the court to have your fees paid for you. The form you need is called form EX160. You can complete and submit the form online or download a hardcopy from the government website. You will need to attach proof of your benefits, your income, and/or 3 months bank statements. The government website also has the EX160A guidance notes which you can download and read to help you complete form EX160. You can send the completed form EX160 with all attachments along with your completed appellants form for the court to consider. Or you could have sent your completed form EX160 to the court in advance and received a ‘help with fees’ reference number starting with HWF to put on the first page of forms N161 and FP161.
LINK TO OUR L.I.P HELP GUIDE FOR FORM EX160 (Here, you can access both form EX160 & EX160A guidance notes)
WHERE WILL YOUR APPEAL BE HEARD?
Your appeal will be heard in a court which can be either a family court, high court or court of appeal.
WHO WILL HEAR YOUR APPEAL?
The rule is that an appeal will be heard by a higher-up/next level of judge from the judge who heard your original hearing.
- If the appeal is against a decision(s) made by a district judge or a lay magistrate in a family county court then the appeal will be heard by a circuit judge in the county court.
- If the appeal is against a decision(s) made by a district judge or senior district judge in family financial proceedings then the appeal will be heard by a judge of high court judge level in the family court.
- If the appeal is against a decision(s) made by district judge of the high court, a deputy district judge of the high court, a senior district judge of the family division of the high court, a district judge of the family division of the high court and a costs judge in the high court, a circuit judge or recorder sitting in the family court then the appeal will be heard by a high court judge sitting in the high court.
- If the appeal is against a decision(s) made by a circuit judge or recorder sitting in the family court where the appeal is from a decision or contempt of court for part 4 or 5 of, or paragraph 19(1) of schedule 2 of the children act 1989 and the adoption and children act 2002, a decision or order made on appeal to the family court (second appeal), a judge of high court judge level, a judge of the high court sitting in the high court (including a person acting as such a judge in line with section 9(1) or (4) of the Senior Courts Act 1981, then the appeal will be heard by the court of appeal in London. (s)
CAN I SUBMIT AN APPEAL IF I AM OUT OF TIME?
You can still appeal in the same manner as stated above and ask the court that will be hearing your appeal for permission to appeal out of time. This can be done on the appellants notice. You will, of course, have to explain in detail why you are out of time and you must attach any evidence of this. You can do this by ticking the box in part B of form N161 or the box in part C of form FP161.
WHO WILL PAY THE LEGAL COSTS OF YOUR APPEAL?
Normally, in a divorce, both you and your ex-partner will pay your own costs. However, in certain cases a judge can order you to pay your ex-partner’s costs or vice versa. This is called a costs order. When it comes to appeals, if you lose your appeal, the judge MAY order you to pay the legal costs for your ex-partner and vice versa as well as your own.
WHO WILL SEND YOUR EX-PARTNER OR THEIR SOLICITOR A COPY OF THE APPELLANTS NOTICE?
Within 7 days of filing your appellants notice, you must send a sealed copy to your ex-partner/the respondent or their solicitor. The court that is hearing your appeal will send you a certificate of service form FP6 which you must complete and return confirming you have served the respondent.
Within 14 days after you have submitted your appellants notice you must send the court and your ex-partner/the respondent or their solicitor your bundle full of all the paperwork needed for your appeal. If you are asking for permission to appeal within your appellants notice, you do not need to send copies of your bundle to the respondent until permission is granted.
LINK TO OUR L.I.P HELP GUIDE FOR FORM FP6
WHAT DO YOU DO IF YOU ARE THE RESPONDENT AND YOU HAVE JUST RECEIVED A COURT STAMPED COPY OF YOUR EX-PARTNERS APPELLANTS NOTICE?
If your ex-partner has sent the court an appellants notice, a copy will be sent to you by either them or the court that is hearing the appeal. If your ex-partner is asking for permission to appeal within the appellants notice, you need to wait until you receive a letter/notice from the court that permission has been granted.
If permission has been granted, then you as the respondent have the following choices. You can do nothing or you can complete form N162, called the respondents notice and –
- Appeal for the original court order to stay the same (this is called ‘to uphold a decision’). You can state additional reasons and make arguments for this.
- Appeal against the original court order for your own reasons.
- Appeal for the court order to be changed.
You must send the appellant/your ex-partner a copy within 7 days of sending the above to the court that is hearing the appeal.
LINK TO OUR L.I.P HELP GUIDE FOR FORM N162
LINK TO GOVERNMENT GUIDE N161B NOTES FOR RESPONDENTS
WHAT WILL HAPPEN ONCE YOU SEND YOUR APPELLANTS NOTICE TO THE COURT?
If you already have permission from the judge to appeal, or you are appealing against the decision of a lay magistrate, then the court that will be hearing your appeal will inform you by letter when your appeal is likely to be heard and give you directions as to what preparations you need to do.
If you do not have permission to appeal, your appeal will be heard by a judge who will consider whether to give permission or not and the court will send you a letter with an explanation. The judge may grant permission to appeal in full or with limitations. You can apply to the court using forms N244 or FP244 to vary this if you do not agree or to ask for an oral hearing if permission has been denied. Please let your ex-partner or their solicitor know. This application you make to the court to vary the permission will be heard at the beginning of the appeal hearing.
Form N244 is used to make an application within an appeal, that are in connection with your appeal itself. For appeals that are being heard at any court except the family division of the high court.
Form FP244 is used to make an application within an appeal, that are in connection with your appeal itself. For appeals that are being heard at the family division of the high court.
If the judge hearing your appeal has refused permission for you to appeal, the judge could state in a court order you cannot ask for permission again at a oral hearing. If the judge has not you can apply again using either form N244 or FP244 and you must do within 7 days. You must send your ex-partner or their solicitor a copy of the form. If your appeal permission has been refused by the court of appeal then you cannot ask again.
LINK TO OUR L.I.P HELP GUIDE FOR FORM N244
LINK TO OUR L.I.P HELP GUIDE FOR FORM FP244
WHAT IS A SECOND APPEAL?
A second appeal is a appeal against an appeal decision. If you want to appeal against an appeal decision it must be heard at the court of appeal in London. The court that heard the first appeal must give permission for their decision to be appealed. If they do not you cannot make a second appeal. However, you can apply to the appeal court to reconsider this if there is a compelling reason to hear a second appeal.
Second appeals are only considered in the most exceptional cases and heard at the court of appeal in London.
Form N161 is used to apply for a second appeal.
LINK TO OUR L.I.P HELP GUIDE FOR FORM N161
HOW TO WITHDRAW (STOP) YOUR APPEAL?
Yes you can. Only the person who submitted the appeal can withdraw it. You can do this before or during a hearing. You will need to complete form FP244 if your appeal is being heard at the family division of the high court or form N244 if your appeal is being heard by any other court besides the family division of the high court.
LINK TO OUR L.I.P HELP GUIDE FOR FORM N244
LINK TO OUR L.I.P HELP GUIDE FOR FORM FP244
We have also heard of cases where form D11 has been used to withdraw an appeal in a financial settlement case and form C2 has been used to withdraw an appeal in a child arrangements case.