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Vancouver Divorce and Family Law Lawyers

With over 12 years in practice, Onyx Law Group’s divorce lawyers serving Vancouver are dedicated to helping you navigate the emotionally charged process of divorce. 

We have a deep understanding of the legal issues surrounding divorce in Vancouver, including financial disputes, child custody, relocation and more.

Our goal is to empower clients to understand and control the process, rather than feeling overwhelmed by it. We specialize in representing clients in high-conflict and complex divorce cases.

Whether you are just starting the process or are in the middle of a difficult dispute, Onyx Law Group’s experienced Vancouver divorce lawyers can help you navigate the legal system and achieve a fair resolution for you and your family.

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Family Court Appeal Lawyer In British Columbia

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You can appeal a BC family law decision to the Court of Appeal, but an appeal is not a second trial. It asks whether the judge made a legal error or a clear factual mistake, not whether another judge might have decided differently, and most final family orders carry a 30-day deadline to file the notice of appeal.

The stakes are incredibly high in a family court trial. The judge decides on matters of utmost importance, such as parenting rights, child support, spousal support, and property division. It can be devastating when the decision doesn’t go your way.

If you receive an unfavourable judgment at trial, you may be able to challenge it through the family court appeal process. A British Columbia appeal court can’t intervene simply because a party involved in the trial doesn’t like the lower court decision. The original order must be legally flawed or based on a mistake in the facts for an appeal court to grant relief.

Family law appeals are complex, governed by strict timelines and complicated legal rules. They can be financially and emotionally draining. But sometimes, appeals are necessary to ensure a fair and just result. It’s important to understand the process and your likelihood of success before launching a family appeal.

We understand the high stakes involved. If you’re considering an appeal, contact Onyx Law Group today to schedule a confidential consultation. One of our experienced appellate lawyers can evaluate the merits of your case, explain your legal options, and advise you of your chances of winning. When you work with us, we will guide you through the complex appeal process, handling every aspect of your case with care.

(604) 900-2538

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What Is a Family Court Appeal?

At the end of a trial or hearing, the judge makes an order containing their decision on all matters in dispute. A family court appeal can be brought by either party to have the trial judge’s decision reviewed by a higher court. The court that handles the appeal will depend on which court made the original decision (see below for more on that).

An appeal is not a retrial of issues or a “second kick at the can.” New evidence is not allowed on an appeal, except in very limited circumstances and only with permission of the appellate court. No witnesses are called to give testimony. Instead, the focus is strictly limited to reviewing the lower court decision for legal or procedural errors.

If the appeal court agrees that the lower court judge misunderstood the evidence or misapplied the law, it has the power to overturn or modify the original order, make a new order, or return the matter to the lower court for reconsideration. Appeals must adhere to strict family law rules and timelines, so it’s essential to work with a skilled appeal lawyer.

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What Is the Role of a Family Court Appeal Lawyer?

The appeal process requires a high level of skill and strategic thinking. Winning an appeal without the help of a lawyer with specialized family appeal experience is next to impossible. A family court appeal lawyer plays a vital role, doing work that includes:

  • Reviewing the original order for appealable errors

  • Assessing the merits of an appeal

  • Advising on possible outcomes, timelines, and risks

  • Filing and serving the Notice of Appeal within the applicable timeline

  • Preparing the Appeal Factum setting out the facts, issues, legal arguments, and relief sought on appeal

  • Obtaining and filing other necessary legal documents (trial transcripts, book of authorities, etc.)

  • Advocating for their client by making persuasive arguments in written submissions and at the appeal hearing

  • Defending appeals initiated by the other parent or former spouse

Lawyers who handle appeals must have specialized knowledge of civil procedure, family law, and the exacting requirements of appellate courts.

When Is an Appeal an Option?

Not every judgment can be appealed. There must be a clear error in the lower court decision to justify intervention by a higher court. Valid grounds for appeal are:

  • The lower court made a mistake in interpreting the law

  • The lower court made a mistake in understanding the facts

  • The lower court misapplied the law to the facts

Appeals are not easy. Appellate courts give a high level of deference to factual findings made by trial judges and tend to emphasize finality of lower court rulings. To succeed, the appeal court must be convinced that any mistake was significant enough to have had an impact on the outcome of your case.

Common family law cases that result in appeals include disputes over parenting time, division of property and debt, support obligations, and divorce orders. If you’re concerned that a judge made a significant error in your case, speak with a family court appeal lawyer as soon as possible to assess whether an appeal is advisable.

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What Are the Benefits of Filing an Appeal?

Legal Accountability

The appeal process holds judges accountable and ensures correct legal standards are followed. If a lower court makes a mistake, an appeal can restore fairness and ensure the law is properly applied.

Potential for Reversal

If the higher court finds the lower court judge made a serious error, it can reverse or modify the original order or return it to the lower court for reconsideration.

Protection of Rights

Decisions respecting matters such as parenting time, support issues, and property division will have a long-term impact on your life. An appeal may be needed to protect your rights and interests.

Emotional and Financial Relief

An unfair or flawed judgment can cause significant stress and financial strain. A successful family appeal can ease those burdens and provide a more livable, equitable result.

How Our Family Court Appeal Lawyers Can Help

At Onyx Law Group, we bring in-depth experience in family law and civil procedure, handling appeals before the Supreme Court, Court of Appeal, and other appellate courts.

We have successfully appealed for clients in cases involving:

Parenting and Custody Decisions

An appeal of parenting orders can ensure that the decision properly applies BC family law rules and reflects the best interests of the child(ren).  

Child Support and Spousal Support

An appeal can ensure that support obligations are calculated fairly and accurately.

Property and Debt Division

An incorrect decision about property, pensions, or debts can have a profound impact on your financial outlook and ability to move forward following separation and divorce.

Divorce Orders

Generally speaking, an order for divorce is final 31 days after it’s issued, but there may be grounds to appeal (for example, if proper procedure was not followed).

Common questions about deadlines, when leave is required, and what the court can change are answered in our family appeal FAQs.

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Why Choose Onyx Law Group for Your Appeal?

Family law appeals require a strategic approach, a deep understanding of BC family law, and specialized knowledge of appellate procedure. At Onyx Law Group, we:

  • Give honest assessments about whether to proceed with an appeal

  • Prepare, file, and serve all documents within court-mandated deadlines

  • Develop precise, well-supported legal arguments

  • Keep our clients informed at every stage of the process

  • Vigorously advocate on behalf of our clients

Whether you’re challenging a family court decision or responding to an appeal commenced by the other parent or your former spouse, we will represent you with care, clarity, and determination.

Contact a Family Court Appeal Lawyer Today

It’s crucial to act quickly. The deadline to file an appeal is short—generally speaking, the window for filing a Notice of Appeal is just 30 days from the date of the original order. Talk to a family court appeal lawyer at Onyx Law Group as soon as possible for trusted guidance, representation, and support.

Reach out today to schedule a confidential consultation with a member of our legal team:

  1. Judith A. Janzen

  2. Rupinder Shoker 

  3. Mason Heller

  4. Shivleen Sidhu

We welcome you to contact us to schedule a consultation to discuss your concerns and learn more about our family court appeal services. You can reach us by calling (604) 900-2538 or emailing us at reception@onyxlaw.ca, or by sending in an online request form.

Frequently Asked Questions About Family Court Appeals

How Long Do I Have to File a Family Court Appeal?

Generally speaking, the deadline to file a Notice of Appeal is 30 days from the date of the judgment. Consult a lawyer quickly to determine the appeal deadline that applies in your family case.

Is a Family Court Appeal the Same as a New Trial?

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 review of legal and/or factual errors made by a lower court.

What Happens if My Appeal Is Successful?

A successful appeal results in the original order being set aside or modified, a new order being made, 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.

What if the Appeal Is Denied?

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.

Which Court Will Decide the Appeal of a Final Order?

It depends which court made the original order. A final order from the family court branch of the BC Provincial Court is appealed to the BC Supreme Court. A final order from the BC Supreme Court is appealed to the BC Court of Appeal.

Can I Appeal a Temporary Order?

That will depend on which court made the temporary order (also known as an interim order). For example, an interim order from a Supreme Court master can be appealed to a Supreme Court judge, while an interim order from a Supreme Court judge can be appealed to the BC Court of Appeal.

An interim order of the family court branch of the BC Provincial Court is not appealable. You must proceed to trial, obtain a final order, and then determine if an appeal from the final order is warranted.

How Does the BC Court of Appeal Work?

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 (unlike an appeal in the Supreme Court, which is decided by one judge). A majority of the panel must agree for the appeal to succeed in the Court of Appeal.

Will I Need to Go to Court Again for the Appeal?

Some appeals are handled entirely in writing. Others involve a court hearing (which may be conducted in person or by Zoom).

How Long Does an Appeal Decision Take?

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.

Is Changing an Order the Same as an Appeal?

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 different (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).

Our Family Law Lawyers Serving Vancouver

Family Law

Judith A. Janzen

Principal Lawyer
Family Law

Rupinder Shoker

Associate Counsel
Family Law

Mason Heller

Associate Lawyer
Estates & Trust Litigation, Family Law

KATYA RICHARDSON

Associate Counsel 

Family Law

Shivleen Sidhu

Associate Lawyer

Each client deserves our undivided attention and will be made to feel valued and heard. When clients place their trust in Onyx as their advocate, they can be sure that we will represent them with vigilance, compassion and professionalism.

Asset Division
Our lawyers are able to bring a team together to coordinate all aspects of a business and property valuation. It is important for you to have the right professionals involved from the beginning as asset division can be complex. It is only through determining what the parties own separately and together that a fair result can be achieved.
Divorce
If you need a divorce order as part of your family law solutions, we can help. This is one of the last matters to be dealt with after a relationship breakdown, if it is even necessary at all. Most often, other pressing issues require immediate attention such as financial protection and arrangements relating to children.
Child Support
The matter of child support is a key facet in ensuring the continuity of your child’s social, educational and recreational pursuits. We will ensure that you know your child’s rights to financial support and that they are protected to the best of our ability.
Spousal Support
We have extensive experience in working with the Spousal Support Advisory Guidelines and will give you clear and understandable advice about how spousal support will apply to your post separation life.
Co-Parenting Responsibilities
We are passionate about protecting children from the negative effects of divorce as best we can and will work with child specialists, doctors and counsellors to ensure that your voice is heard and that your child’s voice is heard in this very emotional process.
Premarital and Cohabitation Agreements
We can help you craft a document that respectfully crystallizes your future rights and obligations. It is important to draw on legal expertise to prepare an agreement so that it has the best chance of being upheld in the future.

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