YLaw - Family Law Firm Vancouver & Surrey, BC Lawyers. Divorce, Children & Common Law. Asset & Debt Division, Spousal & Child Support. Settlements, Appeals & Agreements. Estate, Corporate & Immigration Litigation. | HQ: 410-1122 Mainland St, Vancouver, BC V6B 5L1

Our Vancouver family law appeal lawyers explain the basic process and reasons for an appeal of your judgment. If you disagree with the judgment you can appeal it. If you feel the need to make an appeal, do not engage in this because you are not happy with the judgment, instead, appeal on the basis that you believe the judge got either the facts of your case wrong, or the law relating to it.

Appeal after speaking to a Vancouver family law appeal lawyer, if they  think you stand a good chance of winning. Do not ever appeal for emotional reasons or to validate yourself, especially when it comes to family law matters.

The Family Law Appeal Process – Vancouver Family Law Appeal Lawyer Explains

  • If you are appealing a family law order from the British Columbia Supreme Court, you will need to go to the British Columbia Court of Appeal. Here, you will stand before not one, but three judges and explain the errors you think the trial judge committed and can ask the new judges to change the judgement in your favour. These judges are extremely smart and at least, two of the judges will have to agree with you before they will overturn the trial judge.
  • Historically, chances of a successful family law appeal is one in three, however, the facts of your case and the judge will matter more than the statistics. There are some profound and beautiful appeals out there that went through 13 different judges in the past before being recognized as right. If you believe in your case and you want to give it your all, do not be afraid to appeal. First make sure the appeal has grounds. Talk to a Vancouver family law appeal lawyer before deciding what to do with your judgment as a failed appeal can cost you fortunes.
  • If you are appealing a family law Order from the Provincial Court of British Columbia, then you can only appeal that judgment to the BC Supreme Court. In this court, one judge will listen to your appeal grounds, and will rule on whether you are right or the other judge was right. If you do not agree with the BC Supreme Court’s judgment, you can appeal to the BC Court of Appeal. Appealing a provincial court judgment at the BC Supreme Court is a lot easier than going to the BC Court of Appeal.

Costs of Family Law Appeal – Consider Hiring a Vancouver Family Law Appeal Lawyer

  • Costs of an appeal either at the BC Supreme Court or the BC Court of Appeal are usually less costly than the cost of running an entire trial, however, there are strict rules you have to follow and take months to just learn the rules, let alone the appeal itself.
  • It is almost impossible to run a successful appeal without a family lawyer who specializes in appeals, as there are many rules that have to be  followed and even the smallest of mistakes can be detrimental to your appeal. Appeals are an intelligent, strategic and intricate process that require the best type of advocacy to win over some of the most intelligent people of our society who are judges. 
  • You will need to convince three intelligent judges that the intelligent judge before them made a mistake, and that you know better than the previous judge. Contact us if you are considering an appeal, as our experienced team of family lawyers have had multiple successful appeal cases.
  • Costs of an appeal can run anywhere between $30,000 to $80,000, depending on the complexity of the case. The process takes months of almost full-time work and is not an easy task. From experience, winning an appeal is one of the most gratifying aspects a Vancouver family law appeal lawyer will have.

Procedure at the BC Court of Appeal – Vancouver Family Law Appeal Lawyer Explains

Within one month after receiving your judgement, you will have to file what is called a Notice of Appeal. You must serve your Notice of Appeal on your ex-spouse or their lawyer.

You will then have to file what is called an Appeal Factum. The Factum basically goes through:

  • the facts of your case,
  • the law relating to your case and more importantly,
  • what the judge got wrong at trial.

You will also have to file other documents such as the transcripts of the trial, a book of authorities, and book of documents. Click here for the BC Court of Appeal Rules and deadlines to file these.

There are three types of errors a trial judge can make to make the BC Court of Appeal overrule the judgement:

Three Types of Errors to Prove to Win a BC Family Law Appeal

  • The Trial judge got the facts of your case wrong or misunderstood them;
  • The Trial judge got the law wrong; and
  • The trial judge got a mixture of facts and law wrong.

It is always easier to point out an error in law than an error in fact. The BC Court of Appeal is very hesitant to set aside or invalidate a BC Supreme Court judgement because of a factual error. There is a lot of deference given to the trial judge. Basically, if you do not agree with the factual finding of a judge, i.e. what you did or did not do wrong, the BC Court of Appeal will not interfere with the trial judge and will uphold his or her judgement unless he/she clearly got the facts wrong – and to a degree that the entire judgment would fall because of that error.

But if the judge got the law wrong, you have a much higher chance of winning at the BC Court of Appeal. You must show that the judge applied the wrong law or applied the law but interpreted it wrongly.

What Type of Vancouver Family Law Judgments Can you Appeal?

You can appeal the following Vancouver Family Law Orders:

  • An order regarding child support;
  • An Order regarding child support;
  • An Order regarding property;
  • An Order relating to custody – very hard to appeal.
  • An Order for Divorce.

BC Family Law Appeals are some of the most complicated and time-consuming aspects of family law. We understand that not everyone can afford a Vancouver family appeals lawyer to represent them. At least consult with a Vancouver family law appeal lawyer to see whether the investment of costs and time are worth doing the appeal for. Call us at 604-974-9529 or contact us.

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Leena R. Yousefi

Leena R. Yousefi

CEO | Lawyer | Mediator

Trudy Hopman

Trudy Hopman

Family & Estates Lawyer | Mediator, Arbitrator & Parenting Coordinator

Ari Wormeli

Ari Wormeli

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William DeWolf

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Mandy Lai

Mandy Lai

Family Lawyer | Mediator

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Michelle Yau

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Abib Ngom

Abib Ngom

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Jasmeet Mangat

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Karen Tiwana

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Susan Justice

Susan Justice

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Ramanjot Dahia

Ramanjot Dahia

Family Lawyer | Estate Litigation Lawyer

Dana M. Rogers

Dana M. Rogers

Family Lawyer | Estate Litigator

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Alex Wang

Family Lawyer

Harry Saini

Harry Saini

Family Lawyer | Civil Litigation Lawyer

Kathryn Panton

Kathryn Panton

Family Lawyer | Mediator | Legal Coach

Raman Sehmbi

Raman Sehmbi

Collaborative Family Lawyer | Mediator

Raumina Rezai

Raumina Rezai

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Omid Raoufian

Omid Raoufian

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