Family law cases can involve life-changing decisions about parenting time, support payments, and property division. If you believe the judge made a mistake in your case, you may have the right to appeal. This blog provides a clear, step-by-step overview of the family law appeal process in Ontario, helping you understand your options and what to expect.
What Is a Family Law Appeal?
A family law appeal is a legal process where a higher court reviews a decision made by a lower court. It is not a new trial. You cannot introduce new evidence or ask the appeal court to re-hear the case from scratch. Instead, an appeal focuses on whether the judge applied the law correctly or made a serious error in how they handled the facts or procedure.
Common Reasons to File a Family Law Appeal
Common Reasons to File a Family Law Appeal — including key aspects discussed in our Review Mechanism of Parenting Orders guide.
Not every disagreement with a decision is appealable. To succeed on appeal, you must show that the judge made one of the following errors:
- Error of law – The judge misinterpreted or misapplied the law.
- Error of fact – The judge made a finding that is clearly unsupported by the evidence.
- Procedural unfairness – The court process was unfair and affected the outcome.
Which Court Hears the Appeal?
In Ontario, the court that hears your appeal depends on the type of order and which court made the decision:
- Appeals from final orders under the Divorce Act go directly to the Court of Appeal for Ontario.
- Appeals from final orders under provincial laws (like the Family Law Act or Children’s Law Reform Act) generally go to the Divisional Court.
- Appeals of temporary (interim) orders usually require leave to appeal (permission) and also go to the Divisional Court.
Timeline for Filing an Appeal
Deadlines are strict in the appeal process:
- Final orders: You must file a Notice of Appeal within 30 days of the judgment.
- Interim orders: You must first seek leave to appeal, often within 7 or 15 days, depending on the type of case.
- Child protection matters: Timelines are shorter, typically 7 or 14 days.
Missing a deadline could mean losing your right to appeal, so consult a lawyer as soon as possible.
Step-by-Step Process of Appealing a Family Court Decision in Ontario
1. File a Notice of Appeal
This document tells the court and the other party that you are appealing the decision. It must include the date of the decision, the court that made it, and the legal basis for your appeal.
2. Order Transcripts
If the appeal involves what was said during a hearing or trial, you must order and pay for a transcript. This can take time, so it’s important to act quickly.
3. Prepare the Appeal Record and Factum
The appeal record includes key documents and evidence from the original case. The factum is a written argument explaining why the original decision should be changed.
4. Perfect the Appeal
You must serve and file the full appeal materials within the required time frame. This is called “perfecting” the appeal. You’ll need to meet deadlines of 30 or 60 days, depending on the case and whether transcripts are required.
5. Attend the Appeal Hearing
The court may hold an oral hearing, where both sides present their arguments. The appeal judges will then review the case and make a decision.
Possible Outcomes of a Family Law Appeal
The appeal court can:
- Uphold the original decision
- Change (vary) parts of the decision
- Send the case back for a new trial
- Dismiss the appeal if it lacks merit
Appeals can be complex, and even if you win, the process can take months. That’s why it’s essential to get legal advice early.
Do You Need a Lawyer for a Family Law Appeal?
While it’s possible to appeal without a lawyer, the rules and legal arguments involved are complicated. A lawyer with experience in family law appeals can help you:
- Assess whether you have strong grounds for appeal
- Meet all court deadlines and requirements
- Present persuasive legal arguments
Conclusion: Protect Your Rights with the Right Legal Support
Appealing a family court decision in Ontario is a serious undertaking. If you believe the judge made a legal or factual error, don’t delay — consult a family lawyer to understand your rights and the next steps.
At IQBAL LAW, we have the experience and expertise to guide you through the family law appeal process. Whether you’re seeking to challenge a decision or respond to an appeal, we provide the strategic legal support you need.
Contact us today (289-652-0529) for a consultation on your family law appeal in Ontario.
DISCLAIMER:
The information provided in this blog is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is established through this writing. You should consult with a qualified attorney for advice tailored to your specific situation. The lawyer and their firm disclaim any liability arising from reliance on this blog or any other content on this website.