Rule 30.3 Permission

Paragraphs (1B) and (2) of this rule set out when permission to appeal is, or is not, required under these rules to appeal against a decision or order of the family court.

This rule does not apply where the route of appeal from a decision or order of the family court is to the Court of Appeal, namely where the appeal is against a decision or order made by a circuit judge or Recorder—

(Appeals in the cases referred to in this paragraph are outside the scope of these rules. The CPR make provision requiring permission to appeal in those cases.)

Permission to appeal is required under these rules—

Permission to appeal is not required where the appeal is against—

F6Subject to paragraph (3A), an application for permission to appeal may be made—

(Rule 30.4 sets out the time limits for filing an appellant's notice at the appeal court. Rule 30.5 sets out the time limits for filing a respondent's notice at the appeal court. Any application for permission to appeal to the appeal court must be made in the appeal notice (see rules 30.4(1) and30.5(3).)

Where an application for permission to appeal is against a decision—

the application for permission to appeal must be made to the appeal court in an appeal notice.

Where the lower court refuses an application for permission to appeal, a further application for permission to appeal may be made to the appeal court.

F9Subject to paragraph (5A), where the appeal court, without a hearing, refuses permission to appeal, the person seeking permission may request the decision to be reconsidered at a hearing.

Where—

refuses permission to appeal without a hearing and considers that the application is totally without merit, the judge may make an order that the person seeking permission may not request the decision to be reconsidered at a hearing.

Rule 4.3(5) will not apply to an order that the person seeking permission may not request the decision to be reconsidered at a hearing made under paragraph (5A).

In paragraph (5A)

• F16 “Nominated Circuit Judge”means any circuit judge nominated by a Designated Family Judge in consultation with a Family Presiding Judge, and

• “Nominated FRC Circuit Judge” means any circuit judge nominated by the National Lead Judge of the Financial Remedies Court for the purposes of that paragraph.

A request under paragraph (5) must be filed within 7 days beginning with the date on which the notice that permission has been refused was served.

Permission to appeal may be given only where—

An order giving permission may—

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