Appealing a family court decision — permission, grounds and time limits

REVIEWED BY: Sean McNamara on 2026-08-27

What an appeal is (and is not)

An appeal is not a second chance to re-run your case. The appeal court only looks at whether the judge made an error of law, misdirected themselves on the facts, or reached a decision that was plainly wrong. Disagreeing with the outcome is not enough — you need an identifiable error.

Step 1: Permission (leave) to appeal

You must first ask for permission to appeal — usually from the judge who made the decision (request it at the hearing or within 21 days), or from the appeal court itself if refused.

Step 2: Time limits — strict

Family appeal applications are generally due within 21 days of the decision (some routes differ — check the notice attached to your order). Missing the window needs an extension application, which is not granted lightly.

Step 3: Where appeals go

Magistrates' / district judge decisions → a circuit judge or the Family Court at a higher level
Family Court (circuit judge / High Court) decisions → Family Division of the High Court
Court of Appeal (Civil Division) hears the most significant appeals — permission from a High Court judge or the Court of Appeal itself

The realistic picture

Most family appeals fail: appeal courts defer to the trial judge who saw the witnesses. Appeal success tends to need a clear legal error or procedural unfairness. Get advice before spending money — see our finding-a-solicitor and pro bono pages. Meanwhile, comply with the order unless it's stayed — appealing does not pause it automatically.

Alternatives to appeal

Variation/discharge application if circumstances have changed (children cases)
Enforcement if the order isn't being followed
Set aside for fraud or serious procedural defect

Official links

https://www.gov.uk/appeal-court-decision (appeals overview)
https://www.gov.uk/courts-tribunals/appeal-family-court (family appeal routes)

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.