Form N161: the appellant's notice for family court appeals

Family court · Appeals · England and Wales · Last checked 23 October 2026

This guide walks through form N161 for family cases: which form you need, what each section asks for, what to attach and what happens after you file. It does not tell you whether to appeal. For that question, read is it worth appealing a family court decision?

What form N161 is for

N161 is the appellant's notice, sometimes called a notice of appeal. It is the document that starts an appeal and, where needed, asks the appeal court for permission to appeal. The same form is used in civil cases, so parts of it mention claimants, defendants and planning claims. For family appeals, HM Courts and Tribunals Service publishes separate guidance notes, N161D, which explain how the form works in family proceedings.

A note on FP161. You may see form FP161 described as the family appeal form. According to its gov.uk page, FP161 is used only for appeals to the Family Division of the High Court. The gov.uk guide to appealing a family law decision says to use N161 for appeals to the family court or the Court of Appeal, and FP161 for appeals to the Family Division of the High Court.

When you need it, and when you do not

Which court hears the appeal depends on who made the decision. The routes are set out in Practice Direction 30A, paragraph 2.1, and in plain words on gov.uk:

The judge's level is printed on the order. If you are unsure, the court that made the decision can tell you who the judge was; staff can explain procedure but cannot give legal advice.

You do not use N161 when an appeal is not the right tool:

• Things have changed since the order. An appeal looks at whether the decision was right on the material the judge had. If circumstances have changed, the usual route is an application to vary or discharge the order on form C100, not an appeal.
• The other parent is not following the order. That is enforcement, on form C79 (see the C79 guide).
• You were not at the hearing. Gov.uk explains that you may be able to ask the court that made the order to set it aside instead of appealing, if you acted quickly, had a good reason for not attending and would have a reasonable chance if the case were heard again.
• The case is still running and you want to change your own application. That is a form C2 application within the existing proceedings.

The fee and Help with Fees

The family court fees list (EX50, updated 13 July 2026) sets two appeal fees:

• £251 for an appeal under any provision of the Children Act 1989, which covers child arrangements, prohibited steps and specific issue orders (except appeals about breach or revocation of an enforcement order).
• £146 for filing an appeal notice against a district judge or magistrates in other family matters.

If you are appealing about more than one sibling at the same time, you pay one fee. Help with Fees can reduce or remove the fee if you are on certain benefits or a low income and your savings are under the limit. Apply online and write the reference in the box at the top of section 1, or fill in the paper form EX160. The N161D notes say a paper EX160 must be sent with the appellant's notice. See the EX160 guide and the family court fees page.

Before you start

The current version. The N161 on gov.uk is marked "N161 Appellant's notice (03.26)". The gov.uk page was last updated on 27 August 2026, when a large-print version was added. Download it fresh rather than reusing an old copy, and send it to the appeal court with the documents listed below.

Gather these first:

• the sealed order you want to appeal, and the date and judge's name from it;
• the judge's reasons: an approved transcript of the judgment, a written judgment, or a note of the judgment (Practice Direction 30A, paragraph 5.23). If you had no lawyer and the other side did, their advocate has a duty to make their note of the judgment available to you free of charge where there is no official record;
• any order giving or refusing permission to appeal, with the judge's reasons;
• the application form that started the case and any application relevant to the appeal;
• a short date-ordered chronology. Practice Direction 30A, paragraph 5.22, says one will be necessary in most appeals.

Transcripts take time and cost money. You order one on form EX107 from the court. Gov.uk lists maximum prices per folio of 72 words: for a 12-working-day service they run from £0.85 to £1.54, depending on the transcription company. Do not wait for it. If it is not ready by the deadline, file the N161 anyway and say when you expect it. If you cannot afford one, the court can certify that one official transcript is paid at public expense, but only if it is satisfied that there are reasonable grounds for appeal (PD30A, paragraphs 5.33 and 5.34). Ask the judge for this when you ask for permission, if you can.

Section by section

The 03.26 form has 14 sections. Here is what each asks for.

Section 1: details of the case you are appealing against

The case number, any Help with Fees reference, the names of the parties and whether each was the applicant or respondent. Then your contact details as appellant, and the respondent's. If there is more than one respondent, put the extras on a separate sheet headed with the case number and tick the box. If your address is being kept from the other party in the case, ask the court how to give it without it being disclosed.

Section 2: details of the appeal

Which court the decision came from (for family cases, "The Family Court at" and the town), the judge's name, the judge's status (district judge, circuit judge, magistrates and so on), the date of the decision, and whether it was itself an appeal decision.

Section 3: legal representation

Whether you and the respondent have lawyers and whether you have a civil legal aid certificate. If you are representing yourself, answer "No" and move on.

Section 4: permission to appeal

Whether you need permission and whether it has been granted. For appeals from magistrates or a district judge, permission is required (FPR rule 30.3), except for a few orders such as committal orders and secure accommodation orders. If the judge granted permission at the hearing, fill in Box A with the date and judge. If not, Box B asks for permission. Permission is given only if the appeal has a real prospect of success or there is some other compelling reason for it to be heard (rule 30.3(7)). For decisions made by magistrates, you cannot ask them for permission; you must ask the appeal court in this notice.

Section 5: other information

Write out the order, or the part of it, that you are appealing. Then say whether you are filing in time. If not, you must also fill in Part B of section 10 and section 11.

Section 6: grounds of appeal

On a separate sheet headed "Grounds of Appeal", with the case number and your full name in the top right corner, set out in numbered paragraphs why the decision was wrong or unjust. Practice Direction 30A, paragraph 3.2, asks each ground to say whether it is about a point of law or a finding of fact. Grounds cannot rely on evidence that was not before the judge unless the appeal court gives permission.

Section 7: arguments in support (skeleton argument)

Tick whether your skeleton argument is attached or will follow within 14 days. A skeleton argument is a numbered list of the points you want to make, each followed by a reference to the document that supports it. If you are not represented, you need not file one (PD30A, paragraph 5.15), but the practice direction encourages it because it helps the court.

Section 8: Aarhus Convention claim

This is for planning cases. In a family appeal you leave it blank or answer "No".

Section 9: what you are asking the appeal court to do

Tick one: set aside the order, vary it and substitute a different order (which you write out), or order a new hearing.

Sections 10 and 11: other applications and evidence in support

Only if you need something extra. Part A asks for a stay of the order pending the appeal. Part B asks for more time if you are filing late; section 11 must give the reason for the delay and what you have done since the decision. Part C covers anything else, such as permission to rely on new evidence. Section 11 carries a statement of truth, so check it carefully before you sign.

Section 12: vulnerability

Whether you or a witness is vulnerable and what support or adjustments you would like the court to consider. This is the place to mention, for example, a need for separate waiting areas or screens.

Section 13: supporting documents

Tick what you are filing and list anything you cannot supply yet, with the reason and the date you expect it. For appeals to the family court, Practice Direction 30A, paragraphs 5.8 and 5.9, require an appeal bundle with the sealed notice, the order, any permission order with reasons, your skeleton argument, the transcript or note of judgment, the application form and other documents the court needs, plus a copy of the notice and skeleton for each respondent. Leave out documents that are not relevant to the appeal.

Section 14: signature

Sign and date the notice.

Common mistakes

• Using FP161 for a district judge's decision, or N161 for a circuit judge's decision in a private law children case. Check the judge's level first.
• Missing the deadline while waiting for a transcript. The time runs from the decision, not from when you get the paperwork.
• Grounds that only disagree with the outcome. Gov.uk is direct about this: you cannot appeal just because you disagree with the decision or think it was unfair. Each ground has to point to an error.
• Adding new evidence without asking for permission in section 10.
• Treating the appeal as a pause. Under FPR rule 30.8 an appeal does not stay the order unless a court says so.
• Sharing the papers. Children cases are private. The Administration of Justice Act 1960, section 12, and the Children Act 1989, section 97, limit what you can publish or pass on, including on social media.

What happens next, and the deadlines

• Filing. Within the time the judge set, or 21 days after the decision if no time was set (FPR rule 30.4). Case management decisions: 7 days. Only the appeal court can extend time, and parties cannot agree to extend it between themselves (rule 30.7).
• Service. The sealed notice must reach each respondent, and any Cafcass officer or children's guardian in the case, as soon as practicable and within 7 days of filing. Gov.uk says the court will usually send copies itself unless you tell it you will serve them.
• Permission. A judge usually decides permission on the papers. If it is refused without a hearing, you can ask for it to be reconsidered at a hearing within 7 days of being served with the refusal, unless the order says the application was totally without merit.
• The other side. A respondent does not have to do anything until permission is given (PD30A, paragraph 5.40). A respondent who wants the decision upheld for different reasons, or wants to appeal too, files a respondent's notice, form N162.
• The hearing. The appeal is normally a review of the decision, not a fresh trial (rule 30.12). The court can confirm, set aside or vary the order, or send the matter back for a new hearing.

Download the official form

Download form N161 from gov.uk, with the N161D notes for family appeals. If your appeal goes to the Family Division of the High Court, download form FP161 from gov.uk instead.

Where EvidenceCanvas fits, and where it does not. EvidenceCanvas does not fill in, sign, file or serve form N161, does not write grounds of appeal or skeleton arguments, and cannot tell you whether you have grounds. What it can do is turn your own papers into a dated chronology, with where each date came from, which the appeal court will usually expect to see. See what makes a chronology useful to a judge.

Questions people ask

Is form N161 or FP161 used to appeal a family court decision?

For decisions by magistrates or a district judge, and for appeals to the Court of Appeal, you use N161. FP161 is only for appeals to the Family Division of the High Court, which is where most appeals from a circuit judge or recorder in private law children cases go.

How long do I have to file an N161?

The time the judge set at the hearing or, if none was set, 21 days after the date of the decision. For a case management decision it is 7 days. If you are late, you must ask for more time in section 10 of the form and explain why.

How much does it cost to appeal a child arrangements order?

The fee for an appeal under the Children Act 1989 is £251 (EX50, updated 13 July 2026). Help with Fees can reduce or remove it. Transcripts are paid separately to the transcription company.

Can I appeal without a transcript of the judgment?

Yes, you must still file on time. Complete the notice as fully as you can, list the transcript as a missing document with the date you expect it, and file it when it arrives. The court can allow the notice to be amended later.

Does appealing stop the order from taking effect?

No. Under FPR rule 30.8 an appeal does not operate as a stay unless the appeal court or the lower court orders one. You can ask for a stay in section 10, Part A, with reasons in section 11.

Do I need a skeleton argument if I do not have a lawyer?

Practice Direction 30A says an unrepresented appellant need not file one but is encouraged to, because it helps the court. If you do, keep it to a short numbered list of points, each with a reference to the supporting document.

Checked on 23 October 2026: gov.uk, Appeal a decision in a family law case; gov.uk, form N161 and notes N161D; Family Procedure Rules Part 30; Practice Direction 30A; Family court fees (EX50); gov.uk, guidance for requesting a transcript (EX107); Get help with court fees. General information for England and Wales, not legal advice. Your court's directions take priority over this guide.