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1.3 What happens to the order you are appealing?

Bringing an appeal will not automatically stay (stop) enforcement of the order made by the decision-maker below until your appeal has been decided.  This means that you have to obey the order you are appealing, unless you apply for and are granted a stay.

To stay an order made under the Family Law Act, you must get an order from a Supreme Court judge. To stay all other orders, you must bring an application in chambers to a judge of the Court of Appeal. You do this by filing a notice of motion (Form 6) and a motion book (Form 4).

For more information on obtaining a stay, see Section 3.2 Common applications.

Legally reviewed: 2020/ Apr