When a judge issues an order in a family law case, it is considered final. However, you may have grounds to overturn that outcome by filing an appeal. If you or your dedicated divorce lawyer are able to show that a mistake was made, it might be enough for a higher court to take up your case.
There is no guarantee that a different court will lead to a better outcome, but you have the right to be heard. Resolving a major mistake that might have impacted your rights is possible with the help of an Ottawa divorce appeals lawyer from The Riley Divorce & Family Law Firm.
An appeal involves one court reviewing the decision made by another. There is a hierarchy, with appellate courts evaluating the orders handed down by trial judges. This generally does not happen automatically. Instead, a party unhappy with the outcome of their case must seek a review of the family law order.
This additional scrutiny is an important part of the process, as it can identify mistakes made by the trial court that could have resulted in an improper outcome. Understanding the purpose of this second hearing is crucial. The Court of Appeals is not designed to try a case a second time. In general, no witnesses are called. Instead, these judges review the evidence presented at the original hearing to determine whether the judge made any errors. This might include allowing evidence that was impermissible under the law or otherwise came to an incorrect ruling. An Ottawa lawyer could examine all the facts during the appeals process.
Like most legal actions, there is a time limit, and the deadlines vary for different types of appeals. In family court, a person unhappy with their case’s outcome has 30 days to act. This deadline is strictly enforced, but the court has the power to award additional time. A judge could even allow a late filing if the party can provide a compelling reason.
There are also some situations where there is even less time to file. If the appeal does not require the transcription of oral evidence, the paperwork must be submitted within 14 days. A divorce appeals lawyer in Ottawa could assist with managing these time limits.
Parties unhappy with the outcome of a decision in family law court usually can appeal. However, having the case heard at the appellate level does not guarantee a favorable outcome. A reversal of the original decision will only happen in rare circumstances where an error occurred.
Minor mistakes by the trial judge are not enough to overturn a decision. There must be something known as a “palpable and overriding error,” meaning a significant mistake that could impact the trial outcome. At this level, different outcomes are possible. The parties might agree with the original decision, send it back for further consideration, or change the outcome entirely. A divorce appeals lawyer in Ottawa could explain how a case might play out.
When your case is heard by a different judge, a better outcome may be possible. Success is never certain, but The Riley Divorce & Family Law Firm is ready to help you get the results you need to move forward with your life.
Reach out as soon as possible for a private consultation. Our tenacious lawyers would be happy to schedule one at your convenience.
Now you can have your Consultation with Paul Riley any time from the comfort of your own home. With video calls from Zoom, your Team at The Riley Divorce & Family Law Firm can meet with you virtually, and learn about your case. All you need is a smartphone, tablet, laptop, or desktop with a built-in camera and microphone.
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