Part V Appeal and Case Stated

Case stated

C1111AF1Appeals on ground of error of law etc in family proceedings

1

This section applies in relation to family proceedings in a magistrates' court.

2

Any person who was a party to any proceeding before the court, or is aggrieved by the order, determination or other proceeding of the court, may question the proceeding on the ground that it is wrong in law or is in excess of jurisdiction by appealing to a county court.

3

But a person may not appeal under subsection (2) in respect of a decision if-

a

the person has a right of appeal to a county court against the decision otherwise than under this section, or

b

the decision is final by virtue of any enactment passed after 31st December 1879.

4

A notice of appeal under subsection (2) shall be filed within 21 days after the day on which the decision of the magistrates' court was given.

5

In this section “family proceedings” means —

a

proceedings which, by virtue of section 65 of this Act, are or may be treated as family proceedings for the purposes of this Act; and

b

proceedings under the Child Support Act 1991.