Hi, I need some help with writing legally sound grounds of appeal from final parenting orders made in the Family Court.
No "weight" grounds - just errors at law, wrong principles, errors of fact and plainly unjust.
I'm not a total "newbie" and have read tons of case law on BarNet Jade. Unfortunately I'm currently unemployed and can't afford hiring a sharp lawyer/barrister experienced in appeals.
As an example, the trial judge rejected my application for a new Family Report and insisted instead we update (for the cost of $14K) an Expert report which is over 5 years old now.
I see this as failing to apply the principles of Less Adversarial Trial ("the trial is anticipated to be less costly ..."). And is it valid for him to base his decisions on a 5 year old report (child was 3.5 yo then and almost 9 now)
No "weight" grounds - just errors at law, wrong principles, errors of fact and plainly unjust.
I'm not a total "newbie" and have read tons of case law on BarNet Jade. Unfortunately I'm currently unemployed and can't afford hiring a sharp lawyer/barrister experienced in appeals.
As an example, the trial judge rejected my application for a new Family Report and insisted instead we update (for the cost of $14K) an Expert report which is over 5 years old now.
I see this as failing to apply the principles of Less Adversarial Trial ("the trial is anticipated to be less costly ..."). And is it valid for him to base his decisions on a 5 year old report (child was 3.5 yo then and almost 9 now)