The main test for giving permission to appeal: the appeal must have a genuine, realistic chance of succeeding, rather than being merely arguable or hopeful. If the appeal has no real prospect of success and there is no other compelling reason to hear it, permission is refused.
In Plain English
A test used by the court to decide if an appeal should be allowed; it means the case must have a realistic chance of winning. If the argument is very weak, the court will likely refuse to hear the appeal.
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.
Navigating court alone?
A McKenzie Friend can help you understand terms like these in the context of your case.
Find your supportWe use essential cookies only to provide you with the best experience on our website. No tracking or analytics cookies are used.