- Before you start
Family Law appeals can have an impact on things such as arrangements for your children, maintenance, the family home, money, assets and pensions.
- Know where to file your Notice of Appeal
Where you file your Notice of Appeal depends on where the Circuit Court order was made, and on whether oral evidence was given when determining the case.
- Complete a Notice of Appeal
You must download and complete the Notice of Appeal form. If you cannot download it, you can request it from the court office.
- Serve the Notice of Appeal
Once you have completed and signed and dated the Notice of Appeal, you must provide a copy to any other party directly affected. This is called serving. It means making them aware that you are appealing the Circuit Court order to the High Court.
- Attend High Court appeal hearing
The appellant and respondent(s) should attend the court venue on the date provided by the court office. The court hearing will be an in camera hearing which means it will be held in private.
- Judge makes a decision
After the hearing the case, the judge will make a decision called a court order or judgement. When deciding on the appeal, any jurisdictional limits which apply to the Circuit Court will also apply to the High Court.
Appealing a Circuit Court order
If you are not happy with an order made in the Circuit Court, you may have the right to either appeal the order or apply to have the order reviewed. This depends on whether the order was made by a County Registrar or a Circuit Court Judge.
Reviewing an order made by a County Registrar
If the order was made by a County Registrar, you can apply to a Judge of the Circuit Court to review it. You do this by serving and filing a Notice of Motion to review the order within 10 days of the date the order was made. The Circuit Court Judge will then hear your application and make a decision.
Appealing a Circuit Court Judge’s order to the High Court
If the order was made by a Circuit Court Judge, you can appeal the decision to the High Court. One exception is where the Circuit Court order was made on foot of an appeal from the District Court.
For Family Law matters, unless a Circuit Court judge directs otherwise, an appeal does not act as a stay on the order. This means you must obey the order until the High Court decides on your appeal.
The person appealing is called the appellant. The other party is the respondent. The appellant must serve and lodge a Notice of Appeal in the relevant Court Office within 10 days of the Circuit Court order or judgment.
If the 10-day period has passed, you can apply to the High Court for an extension of time to file an appeal. To do this, you must file a notice of motion and a grounding affidavit in the Central Office of the High Court, applying to the Master of the High Court for extra time.
The steps below set out the general process for making an appeal to the High Court. This information is for guidance only. Always check legislation and court rules to ensure your appeal is correct. The full process is set out in Order 61 of the Rules of the Superior Courts. You may want to get legal advice to better understand what is involved.
Consider legal advice
Family Law appeals can affect arrangements for your children, maintenance, the family home, money, assets, and pensions.
You may wish to get legal advice to better understand these impacts. While the Courts Service cannot advise or represent people in court, a legal representative can:
- advise you of your legal rights
- outline how you might reach agreement
- prepare and file your paperwork
- speak on your behalf in court
You can decide to represent yourself, but you will need to understand court procedures.
Step 2
Know where to file your Notice of Appeal
Where you file your Notice of Appeal depends on where the Circuit Court order was made, and on whether oral evidence was given when determining the case. Oral evidence means that a party or witness gave spoken or signed evidence under oath in person or virtually to the court.
If the Circuit Court order was made in Dublin, you must file your Notice of Appeal in the Central Office of the High Court in Dublin. The appeal will also be heard in Dublin.
If the Circuit Court order was made outside of Dublin and no oral evidence was given in the Circuit Court, you must file the Notice of Appeal in the Central Office of the High Court in Dublin. The appeal will also be heard in Dublin.
If the Circuit Court order was made outside of Dublin and oral evidence was given in the Circuit Court, you must file the Notice of Appeal in the Circuit Court Office in the county of your Circuit Court case. The appeal will then be heard at a provincial venue.
Step 3
Complete a Notice of Appeal
You must complete a Notice of Appeal form. Make sure that all fields are completed and that the form is signed and dated.
If you are filing your appeal in the Central Office of the High Court in Dublin, use:
Notice of Appeal to the High Court Sitting in Dublin - Form No. 1 Appendix I >
If you are filing your appeal in the county of your Circuit Court case, use:
Notice of Appeal to the High Court on Circuit - Form No. 2 Appendix I >
Step 4
Serve the Notice of Appeal
Once you have completed, signed, and dated the Notice of Appeal, you must provide a copy to any other party directly affected. This is called serving, which means making them aware that you are appealing the Circuit Court order to the High Court.
I. Serving
If a party was represented in the Circuit Court by a solicitor, you can serve the Notice of Appeal on their solicitor by leaving a copy at their office. You can also send a copy by registered post.
If the party represented themselves, you must serve the Notice of Appeal directly on them by:
- Registered post: Send it to their last known address or work address no later than 9 days after the Circuit Court Order. Keep the certificate of postage, as you will need this later.
OR
- Personal service: Deliver the documents personally or use a summons server (a professional who serves legal documents). There is a fee for this service, so check beforehand.
II. Proof of service
After you have served the Notice of Appeal, you must provide proof of service to the court. This is done by swearing an Affidavit of Service or by completing an Indorsement of Service. If service was by registered post, you must also provide the certificate of postage.
- Affidavit of Service: A sworn document confirming that the Notice of Appeal was served. It must be witnessed and signed by a commissioner for oaths or a solicitor (but not your own). Fees may apply.
OR
- Indorsement of Service: Write the service details on the back of the Notice of Appeal. The indorsement must include:
- Who served the document
- Whom the document was served on
- The address of service
- The method of service (e.g., registered post or personal service)
- The date of service
Lodge the documents in the court office
Once served, you must file the Notice of Appeal and proof of service in the relevant Court Office within ten days of the Circuit Court Order. You will then receive a record number and a court date, which you must notify to all other parties.
Before the hearing, you must also lodge an indexed book of appeal containing pleadings and all documents required for the hearing. A copy must also be given to all other parties.
If you intend to bring new evidence, you must serve and file an affidavit setting out the nature of the evidence and the reasons why it was not submitted in the Circuit Court.
Step 5
Attend court hearing
The appellant and respondent(s) must attend the court venue on the date provided by the court office.
If your appeal is to be heard outside Dublin, you may first have to attend a County Registrar's court before the full hearing of the appeal. At this stage, the County Registrar will decide the date and venue where your appeal will be heard in the High Court.
The High Court appeal hearing will be an in camera hearing, which means it will be held in private.
- If the appellant fails to attend, the appeal may be struck out by the judge. This means the appeal will not go ahead and the Circuit Court order will remain in place.
- If a respondent fails to attend, an order may be made in their absence.
- If the case is heard, both the appellant and respondent(s) will be required to present their cases. You may wish to seek legal advice. If you do not have a solicitor, you must understand the court process.
Step 6
Judge makes a decision
After hearing the case, the judge will make a decision called a court order or judgment. When deciding on the appeal, any jurisdictional limits that apply to the Circuit Court will also apply to the High Court. This means the High Court has the same powers as the Circuit Court when hearing the appeal.
The decision of the High Court is final. It cannot be appealed.
If you require a copy of the court order, you must contact the court office where you filed your Notice of Appeal.
