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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 99927
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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Self rep. appealing decision in child welfare. How do I

Customer Question

Self rep. appealing decision in child welfare. How do I describe that judge misapprehended the facts?
Submitted: 7 months ago.
Category: Canada Family Law
Expert:  Legal Ease replied 7 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 7 months ago.

I am sorry to hear you are in this difficult situation.

An error in fact is not good enough.

You have to find an error in law or else at least an error of mixed fact and law.

Unfortunately you cannot win just on an error of facts. The appeal court cannot consider the facts.

So you have to figure out a way to show that the the judge made a legal error if you want a chance of winning the appeal.

Do you see what I mean?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 7 months ago.
the law says the child's best interest and least disruptive. Decision creates disruption identified in trial. How can I combine the 2
Customer: replied 7 months ago.
I prefer not to call.
Expert:  Legal Ease replied 7 months ago.

I am going to be honest so please don't shoot the messenger. I am a senior family lawyer.

You cannot win an appeal by saying the judge didn't apply the law regarding the best interests of the child. That is a factual determination and not one any appeal court would consider involving themselves in. The point is that it is only a trial judge that could make that type of decision.

You also cannot win an appeal by saying the judge didn't understand that the disruption is going to harm the child or it not best for the child. That too is a factual determination reserved solely for a trial judge.

These are not errors in law at all.

If you proceed on your appeal you on these grounds there is not really any chance of succeeding and then you will get stuck with the other parties costs.

I would urge you to at least pay a family lawyer who specializes in child protection law to review the facts and the judgment and try and help you with the grounds for the appeal if the lawyer can find any as right now you don't have any.

I am sorry to have to provide you with this answer but I don't want to harm you by simply telling you what you want to hear.

Expert:  Legal Ease replied 7 months ago.

Is there anything more I can help you with at this point in time?

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