Appeal divorce lawyersedit
Definite Appeal of Divorce Lawyers Mississauga
Every experienced, highly-qualified divorce lawyer at Mississauga law firm Campbell Bader LLP is extremely sensitive to the delicate nature of domestic disputes. We understand that strong emotional responses come with any dissolution of a marital or long-term relationship.
Our roles as advocates and supportive lawyers become exceptionally challenging when a Family Court judge, for whatever reason, has strayed into error and has wrongly ruled against our client. This is particularly the case when minor children are involved.
Following is a continuation of a prior overview of Ontario domestic relations law appeals procedures.
How do I go about appealing a temporary order?
You must get permission from the appellate court in order to proceed with an appeal of a temporary order. Ontario family law appeals courts typically decline to grant this relief, unless the issue or issues appealed involve an unsettled area of the law, the matter is of “sufficient importance” such that appellate review is desirable or if it is clear the court being appealed did not consider all of the evidence in coming to its decision.]
If I appeal does the original order stay in place?
Appeals from custody orders or an order granting a divorce are not typically stayed pending appeal, meaning that the ex-spouses will need to abide by the terms of the custody arrangement ordered until the appeal is disposed of. Spousal support and child support orders also typically remain in force pending appeal, meaning that the money will flow from the support spouse to the recipient spouse and children until the final disposition of the appeal.
Appeals from orders involving bulk assets, such as the division of net family property, are typically stayed pending the final disposition of an appeal.
What factors do Ontario family law appellate courts consider when deciding my case?
Higher courts do not completely disregard the lower court’s reasoning when reviewing the case on appeal. Rather, appeals judges look first to determine whether the lower court committed any legal or procedural blunder. Such mistakes are known as “reversible error.”
Major examples include gross misapplication of a statutory rule or an obvious misperception of evidence. Generally, the Court of Appeal for Ontario will not overturn a lower court’s ruling based on findings of fact, unless it is patently and indisputably contrary to the overwhelming weight of evidence presented at trial.
Novel legal issues like same-sex relationships and high-tech assisted reproductive technologies are also likely to be reviewed in totality on appeal because there is a substantial public interest in having novel issues of broad importance dealt with.
“A stitch in time saves nine.”
Acceptance the truth of the above venerable adage requires equally vigilant observance of the principle that posits, “An ounce of prevention is worth a pound of cure.”
Despite the definite appeal that superior legal expertise of Campbell Bader Mississauga divorce lawyers offer, avoidance and elimination always beat retroactive damage control any day.
Both these apt observations impart invaluable counsel to any astute party to an Ontario domestic relations dispute. Prompt expert intervention is far less costly and much less stressful than the most admirable retroactive attempts at repair.
Affirmative action always speaks louder than even the wisest words. Contacting a divorce lawyer Mississauga at Campbell Bader LLP today is the smartest move that prospective family law appellants can make.