....what you do now depends on the type of hearing at which the Judge made his or her decision and the level of court you attended. You may or may not have the right to appeal the court decision.
Before you do anything at all, I suggest you speak to a lawyer and present him or her with the particular facts of your case. You should do so promptly so you preserve for yourself the ability to take further steps, if you wish to do so.
Here are some broad principles to consider:
Generally speaking, Judges do not make substantive decisions at Case Management hearings like Case and Settlement Conferences. In other words, barring unique circumstances, you will not come out of a Case Conference, for example, with a decision for or against you on child support. Their decisions are generally limited to procedural issues like disclosure timetables, timing and scope of questioning, etc. Such decisions are not subject to appeal. All that being said, you may have been involved in a unique case and you may have a right of appeal - speak to a lawyer.
If the court order with which you are not happy came following a motion or a trial, then different rules and timetables apply to appeals related to them. It is important to consult a lawyer quickly after receipt of the decision because in some instances, legislation expects you to react in a timely manner by filing a Notice of Motion for Leave to Appeal, for example, or a Notice of Appeal. The document you have to serve and file to signal your wish to contest a court decision depends, among other factors, on the type of hearing you attended and the level of court. These same considerations will also impact on the court to which you direct your next steps.
Then there is the entirely different subject of whether or not the decision you wish to appeal (assuming you can) is likely to be overturned. Appeal courts have their own tests to assess the type of "error" (if any) made in the decision with which you are not happy. Again, this is a complex area of the law and while many people choose to represent themselves in court (and are, of course, free to do so) appeals can be particularly complex and should not be undertaken without counsel assisting you.
Before you do anything at all, I suggest you speak to a lawyer and present him or her with the particular facts of your case. You should do so promptly so you preserve for yourself the ability to take further steps, if you wish to do so.
Here are some broad principles to consider:
Generally speaking, Judges do not make substantive decisions at Case Management hearings like Case and Settlement Conferences. In other words, barring unique circumstances, you will not come out of a Case Conference, for example, with a decision for or against you on child support. Their decisions are generally limited to procedural issues like disclosure timetables, timing and scope of questioning, etc. Such decisions are not subject to appeal. All that being said, you may have been involved in a unique case and you may have a right of appeal - speak to a lawyer.
If the court order with which you are not happy came following a motion or a trial, then different rules and timetables apply to appeals related to them. It is important to consult a lawyer quickly after receipt of the decision because in some instances, legislation expects you to react in a timely manner by filing a Notice of Motion for Leave to Appeal, for example, or a Notice of Appeal. The document you have to serve and file to signal your wish to contest a court decision depends, among other factors, on the type of hearing you attended and the level of court. These same considerations will also impact on the court to which you direct your next steps.
Then there is the entirely different subject of whether or not the decision you wish to appeal (assuming you can) is likely to be overturned. Appeal courts have their own tests to assess the type of "error" (if any) made in the decision with which you are not happy. Again, this is a complex area of the law and while many people choose to represent themselves in court (and are, of course, free to do so) appeals can be particularly complex and should not be undertaken without counsel assisting you.
Sophie Van Moffaert ~ "Scene Epicee"
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