Family Appeal FAQs
A family appeal in British Columbia asks the Court of Appeal to review a trial decision for a legal error or a clear factual mistake, not to hear the case over again. Most appeals must be started within 30 days of the order, and the questions below cover deadlines, when leave is required, and what the court can and cannot do.
There are several types of family law appeals, depending on the which judge made the decision and what type of decision it is.
Decisions of Provincial Court Judges are appealed to a judge of the BC Supreme Court, as are decisions of Associate Judges of the Supreme Court. These types of appeals have their own timelines and rules.
Decisions of judges of the BC Supreme Court are appealed to the BC Court of Appeal. Unless otherwise specified, the remainder of these FAQs refer to appeals to the BC Court of Appeal.
The British Columbia Court of Appeal is the highest court in our province. It hears appeals from the British Columbia Supreme Court and is governed by a strict set of rules. Appeals are typically decided by a panel of three judges, although the Court will convene a larger panel of judges if asked to reconsider a prior decision of the Court. A majority of the panel must agree for the appeal to succeed in the Court of Appeal.
Interim family decisions, which are only in place until trial, are generally not appealable. Unless there are extraordinary circumstances, the Court of Appeal generally will leave any errors in these decisions to be remedied at trial.
Final decisions, such as those following conventional trials, summary trials, or summary judgment applications are appealable as of right. Some other decisions following applications are also final and appealable as of right such as decisions about jurisdiction of the court over the family law case.
The deadline to file a Notice of Appeal to the BC Court of Appeal is 30 days from the date of the judgment. Consult a lawyer quickly to determine if you should appeal.
No. An appeal is not an opportunity for a rehearing of your case or a chance to introduce new evidence or witnesses. Appeals are limited to correcting legal errors, errors in principle, and factual errors that are sufficiently significant and essential to the outcome.
A successful appeal results in the original order being set aside or modified, a new order being made, and/or the lower court being directed to conduct a new hearing. Generally speaking, the successful party is entitled to costs to reimburse them for legal fees and expenses.
If an appeal is not successful, the original order is confirmed. The unsuccessful appellant may be responsible for the other party’s legal costs. Further appeal may be possible; an appeal lawyer can advise you on any further legal avenues.
Our appeal lawyers conduct all appeals to the Court of Appeal in person, but litigants are not required to be present as evidence is not presented at the hearing. You may attend in person or on Zoom.
The time to get an appeal decision varies, based on factors such as the complexity of the issues in the case and the court’s schedule. It can take several months or more after the hearing to get the court’s decision.
No. You appeal an order when you think the judge made an error about the facts or the law, and you must file your appeal within a short period of time of the order being made. Appeals are handled by a higher court than the one that made the original order.
In comparison, you can seek to change or vary certain family court orders by applying in the same court that made the original order. In most cases, some time has passed, and the application to change the order is brought to address significant changes that occurred since the original order was made (e.g., a parenting order that no longer reflects the best inters of your child; a child support order that was made before you lost your job).