Permission to appeal in family cases — the first hurdle before any appeal is heard

REVIEWED BY: Sean McNamara on 2026-09-01

You cannot appeal without permission

Almost all family appeals require permission (leave) to appeal. This is a filter: the appeal court will only look at cases where there is a real prospect of success or some other compelling reason to hear the appeal. Most permission applications fail, so this stage — not the appeal hearing — is where most appeals end.

Where you apply

Appeals from the Family Court (a District Judge, Magistrates, Circuit Judge or High Court judge) go to the Family Division of the High Court, or for some cases to the Court of Appeal.
You can ask the judge who made the decision for permission at the hearing, or afterwards in writing. If the judge refuses, you can renew the application to the appeal court.
The application is made on Form N161 (appellant's notice), filed within 21 days of the decision in most family cases. Always check the exact deadline for your type of decision — some routes are shorter — and apply to extend time in the same notice if you are late, explaining why.

What permission actually tests

The applicant's notice requires you to set out your grounds of appeal clearly. The appeal court looks for one of two things:

1. A real prospect of success — an arguable error of law, a procedural irregularity, or a conclusion no reasonable court could have reached on the evidence. 2. A compelling reason for the appeal to be heard even if prospects are thin.

You are not entitled to a rehearing. Appeals go to whether the judge was wrong in law or procedure, or reached a conclusion that was plainly wrong — not simply that you are unhappy with the outcome. A notice that merely says "the judge did not believe me" or "I disagree with the decision" will almost always fail.

Practical drafting advice

Read the judgment carefully and target specific errors: a misapplied legal test, a key piece of evidence not considered, an unfair procedure.
Keep grounds numbered and short; attach a skeleton argument if you can.
Get the approved transcript of the judgment — permission applications are assessed on what the judge actually said. If a transcript is not yet available, explain that and ask for directions.
If you are within the appeal route, fee exemptions (EX160) may apply, and legal aid for family appeals is rare — check the appeal fee rules before filing.

If permission is refused

Refusal by the lower judge without an oral hearing can usually be renewed to the appeal court.
Refusal by the appeal court on the papers can be renewed at an oral hearing.
After that, further challenge generally needs the Court of Appeal, and refusals there are final in most family cases.

Official links

https://www.justice.gov.uk/courts/procedure-rules/family/parts/part_30 (FPR Part 30: appeals)
https://www.gov.uk/make-court-claim-for-money/form-n161 (Form N161 guidance and form)
https://www.judiciary.uk/

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.