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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 06-14-2012, 10:43 PM
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Default Appeal after full family law trial

We finally got decision after 5.5 months of waiting.Due to his unreasonable insane behaviour ofcourse he lost in custody/child support and termination of arrears.
Now he send a letter to my lawyer demanding either I should reduce the cs and ask for no costs otherwise he will appeal.

Now if he appeals what will happen.

How much will it cost if he appeals?Do he need any permission to appeal?
how soon will I know if his appeal has been grantedd

Totally confused but was expecting it .

Last edited by sufferer; 06-14-2012 at 11:37 PM.
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Old 06-14-2012, 11:02 PM
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Quote:
Originally Posted by sufferer View Post
We finally got decision after 5.5 months of waiting.Due to his unreasonable insane behaviour ofcourse he lost in custody/child support and termination of arrears.
Now he send a letter to my lawyer demanding either I should reduce the cs and ask for no costs otherwise he will appeal.

Now if he appeals what will happen.

How much will it cost if he appeals?Do he need any permission to appeal?
how soon will I know if his appeal has been grantedd

Totally confused but was expecting it.
As with any appeal, he will need to show there was an error of law in the Judge's decision.

I would take it as an idle threat myself. Unless there was a substantial error on the Judge's part he'd likely be setting himself up for more costs being awarded against him.

What does your lawyer say? Can he/she find any error of law in the decision?

SD
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Old 06-14-2012, 11:41 PM
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Default Thankyou Singingdad

Nope in his decision Judge has mentionedd why there should be any change in custody ,child support and has given some points too.
My lawyer doesn't do appeals and I have to find another one who does.

I am positive he 2won't get anything he wishes as he is insane.As a matter of fact my offer to settle was much more lenient as compared to the decision.

How much time will it take to wrap up everything.

Last edited by sufferer; 06-15-2012 at 12:06 AM.
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Old 06-15-2012, 08:18 AM
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An appeal is very, very costly and has a very high technical burden of proof (eg. error of law) on the part of the applicant. Unless he has a reserve of funds or he really has an axe to grind, it's unlikely he will pursue an appeal no matter what his threat. Not knowing the full details of your situation though, anything is possible.
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Old 06-15-2012, 09:23 AM
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My ex did exact same thing. Also very High Conflict personality. In my view: he is totally full of shit - blowing hot air. He can't, nor will he EVER accept defeat. He got his ass kicked. Does he have grounds for appeal? Not bloody likely. Rarely happens in Family Court. He's been watching too much late night news. Criminal Courts you see lots of appeals, not in Family Court. I'd say you have nothing to worry about, and I mean NOTHING. He would have to apply to a higher court (and with VERY good reasons, of which he'll have none), WITH the paid for TRANSCRIPT from your Trial: at 4 days that would be about 8 grand - and the appeal process is costly and takes forever.

He will not be granted an appeal. In the few instances where appeals are allowed, there's so many costly hoops to jump through, it must be filed within 30 days and whatever order was made, STILL STANDS and needs to be followed while awaiting appeal. OMG, laugh this one off - he's totally FULL of IT
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Old 10-12-2012, 01:02 PM
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same thing with me...offer to settle was good, he refused going all the way. Now he lost and he wants his court costs capped and threatening an appeal
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Old 10-12-2012, 01:20 PM
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File the final order with FRO. Until he actually appeals it and wins,the existing order stands as written.
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