Can I appeal Family Court and High Court decisions that uphold custody orders for my daughters? – The Ex-Files

Q: My former partner and I have 6-year-old twin daughters. I believe my ex-partner has been turning the children against me.

In 2023 we had a five-day hearing. The children’s views were represented by a lawyer for children. A psychologist prepared a report. The judge made final orders leaving the children in my ex-partner’s day-to-day care. Although I was allocated some contact (four days a fortnight), I felt this was insufficient for the girls.

I submitted an appeal to the High Court. The High Court judgment has just been released and it upholds the decision of the Family Court judge. I am dissatisfied. I believe the judges in both the Family and High Courts placed too much emphasis on the children’s views as expressed through their lawyer, despite their mother heavily influencing those views.

I have decided I want to have the decision reconsidered in a higher court (which I understand to be the Court of Appeal). Can you assist with this?

A: When a final decision is issued by the Family Court, either party has the option to file an appeal of the decision to the High Court.

No leave is required. The only real requirements are that the decision has resulted in final (rather than temporary) orders, and that the appeal is filed within 20 working days.

However, at the High Court stage, when a final decision has been issued, if either party is still unhappy with the result, they must seek leave (permission) to appeal to the Court of Appeal.

To learn what legal avenues remain after the Family Court and High Court have upheld parenting orders, and when a further appeal may be possible, read the full NZ Herald Ex-Files article here.

‍