Appealing a Family Court Decision — Process and Time Limits

What is this?

An appeal lets you ask a higher family court to review a decision you think was wrong because of a legal error, not because you simply disagree with the outcome.

What happens in practice?

1. Identify a possible error – you must show that the judge made a mistake about the law, procedure, or evidence (e.g., misunderstood a legal test, ignored important evidence, or acted unfairly).

2. Check the time limit – you usually have 21 days from the date of the order (or the date you received the written judgment) to file an appeal notice. Missing this deadline can mean you need the court’s permission to appeal out of time, which is harder to obtain.

3. Prepare the appeal notice – fill out Form FM1 (Notice of Appeal) and attach a short statement explaining the grounds of appeal (the specific legal errors you allege).

4. Serve the other party – send a copy of the notice and any supporting documents to the other side (or their solicitor) within the same time limit.

5. File with the court – submit the completed FM1 and the served copy to the family court that made the original decision (or to the Upper Tribunal/Family Division if the case is already there). You’ll need to pay a court fee unless you qualify for a fee remission (Help with Fees).

6. Waiting for a response – the other side can file a response. The judge will then decide whether to grant permission to appeal (most appeals need permission first).

7. If permission is granted – a hearing date is set where both sides can argue the legal points. The appeal judge will review the original record and may uphold, vary, or set aside the original order.

8. Outcome – if the appeal succeeds, the case may be sent back for a fresh hearing or the order may be changed. If it fails, the original order stands, and you may be ordered to pay the other side’s costs.

What do I need to do?

• Act quickly – note the date of the order and calculate the 21‑day deadline.
• Gather the paperwork – copy of the order, the judgment (if any), and any transcripts or notes of the hearing that show where you think the judge erred.
• Write clear grounds – focus on legal mistakes, not on how you feel about the decision. Example: “The judge applied the wrong test for shared care under Section 11 of the Children Act 1989.”
• Complete Form FM1 – available on GOV.UK; follow the guidance notes carefully.
• Serve the other party – use first class post, email (if agreed), or a solicitor; keep proof of service.
• File with the court – either online via the Money Claims Online service (if available) or by post to the relevant family court office.
• Consider fee help – if you’re on a low income or receiving certain benefits, apply for Help with Fees using form EX160.
• Stay organised – keep copies of everything you send and receive, and note dates of all steps.
• Seek help if unsure – you can ask a court clerk for procedural questions, but they cannot give legal advice.

Where can I find more help?

• GOV.UK – Family court appeals: https://www.gov.uk/appeal-family-court-decision
• Citizens Advice – Going to court: https://www.citizensadvice.org.uk/family/going-to-court/
• Rights of Women – Family law guides: https://rightsofwomen.org.uk/get-information/family-law/
• Gingerbread – Advice for single parents: https://www.gingerbread.org.uk/advice/
• Law Centres Network (find a local centre): https://www.lawcentres.org.uk/
• Personal Support Unit (court‑based volunteers): https://www.thepsu.org/

Remember: this is general guidance only. For advice specific to your situation, speak to a solicitor, legal aid provider, or your local Citizens Advice.