What to do if the court gets it wrong — appealing, setting aside and asking for reconsideration

REVIEWED BY: Sean McNamara on 2026-08-29

When the court makes a mistake

Judges are human. Sometimes they get it wrong — they may have misread the evidence, applied the wrong law, missed a key fact, or the hearing was procedurally unfair. You have routes to challenge the decision, but they are time-limited and hard to win. Understand them before spending money and months.

Your three options

1. Appeal

Challenges the decision (the judge's conclusion), not just the process
Requires permission to appeal (from the judge or the appeal court)
Must be filed within 21 days (usually)
Grounds: wrong law, misdirection, plainly wrong decision, procedural unfairness
Goes to a higher court (Circuit Judge → High Court → Court of Appeal)
Success rate is low — appeals need clear errors, not just disagreement

2. Set aside the order

Challenges the validity of the order itself (not the merits)
Grounds: fraud, material non-disclosure, or procedural defect
No time limit for fraud/non-disclosure (but act quickly once discovered)
See our variation-discharge guide for details

3. Ask the same judge to reconsider

For errors in the order itself (wrong date, wrong name, unclear wording)
Must be requested promptly — sometimes at the end of the hearing
Called a "slip rule" correction for minor errors

What does NOT qualify

"I disagree with the outcome"
"New evidence I could have found earlier"
"The judge didn't like me"
"The other side lied and the judge believed them" (unless you can prove the lie)

Practical advice

1. Get the order in writing and check it carefully 2. Act within 21 days if you want to appeal — even a placeholder application preserves your position 3. Get advice before spending money on an appeal — see our finding-a-solicitor guide 4. Comply with the order while you appeal — an appeal does not automatically pause it (you need a "stay") 5. Consider whether variation (rather than appeal) would achieve what you want

Official links

Appeals: https://www.gov.uk/appeal-court-decision
https://www.gov.uk/courts-tribunals/family-court

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.