The court's permission needed before an appeal can proceed. The applicant must show either that the appeal has a 'real prospect of success' or that there is some other compelling reason for it to be heard. Permission can be granted on paper or after an oral hearing, and may be limited to specific grounds.
In Plain English
The court's green light that you need before you can challenge a judge's decision in a higher court. You usually have to prove your case has a realistic chance of winning before you are allowed to proceed.
This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
A "gap" is a common assumption people hold going into family court, set against what the court actually does. The bold line below is the assumption — not a fact. The reality underneath is what the court typically observes.
Gap #332
The assumption
(Hadkinson Order / Appeals & Enforcement) Whether permission to appeal has already been granted makes no difference to this kind of application.
The reality
The grant of permission to appeal is a relevant factor, though not decisive on its own. Where permission was granted because the grounds have a real prospect of success, that counts against blocking the appeal from being heard.
Gap #437
The assumption
(Appeals) An appeal is a second hearing.
The reality
You need permission to appeal, and you must show a real prospect of success. Disagreeing with how the judge weighed the evidence is not enough; you need an identifiable error such as a gap in logic or a failure to consider something material. In a 2026 case, permission was refused on all seven grounds.
Gap #471
The assumption
(Appeals) The judge ordered unsupervised contact, so that is settled.
The reality
The other parent can seek permission to appeal. If the appeal succeeds, the appeal court can make a new decision itself rather than sending the case back, where it has enough evidence. In a recent appeal, a stepped plan to unsupervised contact was replaced with monthly supervised contact.
Navigating court alone?
A McKenzie Friend can help you understand terms like these in the context of your case.
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