Our Vancouver Family Law Appeal Lawyers explain the basic process and reasons for an appeal of your BC judgment. If you disagree with the judgment you can appeal it. But don’t appeal because you don’t like the judgment, appeal because you think the judge got either the facts of your case wrong, or the law relating to it. Appeal because after speaking to a Vancouver Family Law Appeal lawyer, you think you stand a good chance to prove them wrong once again. Don’t ever appeal for emotional reasons or to validate yourself. Specially in the Vancouver Family Law realm.
The BC Family Law Appeal Process – Vancouver Family Law Appeal Lawyer Explains
- If you are appealing a family law Order from the BC Supreme Court, you will have to go to the BC Court of Appeal. You stand before not one, but three judges and explain to them the errors you think the trial judge committed. You ask the new judges to change the judgement in your favour. These judges are extremely smart and at least 2 of them have to agree with you before overturning the trial judge.
- Historically, chances of a successful family law appeal is 1 in 3. But the facts of your case and the judge matter more than 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, don’t be afraid to appeal. But first make sure the appeal has grounds. Talk to a Vancouver Family Law Appeal lawyer before deciding what to do with your judgment because a failed appeal can cost you fortunes.
- If you are appealing a family law Order from the Provincial Court of BC, 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 don’t like the BC Supreme Court’s judgment either, 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 BC 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 than costs of running an entire trial, but there are strict rules you have to follow and they are so strict, it takes months to just learn the rules, let alone the appeal itself.
- It is almost impossible to run a successful appeal without a Vancouver Family Law Appeal Lawyer because of the many rules you have to follow and mistakes can be fatal. Appeal is an intelligent, strategic and intricate process that requires the best type of advocacy and the best foot forward to win over some of the most intelligent people of our society who are judges. You need to convince 3 intelligent judges that the intelligent judge before them made a mistake, and you know better than the previous judge. If you think you don’t need a village, or at least one good lawyer to make this happen, then you must be almost like God himself. And if you are, please get in touch and let us know of the outcome because we will need to learn something from you (no kidding). If not, contact us because we know a thing or two about appeals and have had multiple successful ones.
- Costs of an appeal 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 no easy task. But I can tell you from experience, winning an appeal is one of the most gratifying aspects of my job as a Vancouver Family Law Appeal lawyer.
Procedure at the BC Court of Appeal – Vancouver Family Law Appeal Lawyer Explains
Within one month after getting your judgement, you 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 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:
3 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 represent them. But at least consult with a Vancouver Family Law Appeal lawyer to see whether any money and time spent is worth doing the appeal for. Call us at 604-974-9529 or contact us. Trust me, we are not looking for your money. We are looking to help you. If you don’t believe us, read our reviews here.
***This original blog published on December 23, 2015 was updated on October 17, 2017 for more accuracy, freshness and comprehensiveness.