Hello: Thank you for all the information I am getting here. However, there is one point , an important point, that needs to be cleared up in my mind. After the First Instance Decision, I am under the impression that there is an automatic appeal to the Second Instance Court in most Dioceses. By "automatic", I mean that you, as a respondant might not have a chance to move the appeal on to Rome instead of a neighbouring Diocese. You might want to appeal to Rome after the First Instance decision only deciding at that time. Is this correct? Thanks, David

-- David Neil (summertime@ns.sympatico.ca), January 07, 2004

Answers

David,

Any affirmative sentence is automatically appealled to a Second Instance Court. However, there are time delays built into the system to allow people to respond. As soon as someone declares their intention to appeal to Rome the process stops.

Hope that's helpful.

-- Rev. Michael Skrocki, JCL (abounamike@aol.com), January 07, 2004.

Hi David,

The Rota can decide a marriage case in the first instance, the second, or the third. However, if you wait until the third, and you want to contest the decision, you place a lot of limitations as to what the Rota can consider to challenge the lower two decisions. In some jurisdictions,the Vicar may also try to grant the petitioner leave to remarry even though things are not settled.

Generally, the "automatic appeal" is nothing but a rubber stamp. They will confirm the first instance decisions in favor of nullity (i.e., in the affirmative) about 99.5% of the time, on the average nationwide in the U.S. On the other hand, when second instance decisions are appealed to the Rota from the U.S., the Rota overturns the first instance affirmative decisions about 95% to about 97% of the time. The disparity is alarming.

Under Canon law, either the Respondent or the Petitioner has a right to require that a case be decided in Rome at the second instance. The only requirement is that you MUST notify the first tribunal in WRITING within FIFTEEN DAYS following the announcement of the first instance decision.

All it take is a single sentence in a letter to the Judicial Vicar stating you are "AGGRIEVED" and require consideration at the Roman Rota in the second instance. Be sure to send by certified mail, and then pester the first instance tribunal until you get a written acknowledgement that they have received your notice.

Then you should require that the first instance tribunal share a copy of their Sentence. This should be a detailed brief that gives reasons supporting their decision. This is extremely revealing. Look it over carefully. If you agree, you can always change your mind and re-enter the automatic appeal process. If not, and you want help in preparing a brief for the Rota, I personally know some people that specialize in this work and they do it all for free.

God bless,

-- Pat Delaney (pat@patdelaney.net), January 07, 2004.

This information is from the Diocese of Harrisburg, Pennsylvania:

It is important to note that the law itself provides for an automatic appeal if the decision in a marriage case is favorable to the Petitioner. That is, if the judges decide to grant a Declaration of Nullity, that decision is automatically appealed. In those cases, even if the parties do nothing, the decision will be sent to an Appellate Tribunal for review. The parties and the Defender, however, may lodge a formal appeal if they have specific reasons for doing so. If the Petitioner or Respondent lodges an appeal, that person must pay the costs associated with an appeal, which can range from $400 to $1,000. An appeal may be made to the Metropolitan Tribunal in Philadelphia, or to the Roman Rota at the Vatican. When an automatic appeal is made, it is always to the Metropolitan Tribunal and there is no extra fee to either party.

-- Mark (aujus_1066@yahoo.com), January 08, 2004.

top top top top top top top top

-- toppy top (top@top.top), January 08, 2004.

This is from the 1983 Code of Canon Law:

Canon 1684 §1 After the judgement which first declared the nullity of the marriage has been confirmed on appeal either by decree or by another judgement, those whose marriage has been declared invalid may contract a new marriage as soon as the decree or the second judgement has been notified to them, unless there is a prohibition appended to the judgement or decree itself, or imposed by the local Ordinary.

-- Mark (aujus_1066@yahoo.com), January 08, 2004.

Yes, thats about right. The fee for Rota Appeal mostly goes to cover the cost of translating the whole file into Italian and making eight (8) separate copies.

Also, I meant to add that if you want some objective feed-back on the Written Sentence, there are some top-notch canon lawyers at the Vatican Embassy in Washington DC that will help. They are all ordained and have doctorates in Canon Law, having been trained in Rome (not provincially). More importantly, they are objective.

You should send them a copy of the Written Sentence with a short letter outlining any concerns you might have. The biggest thing to look for are factual discrepancies and note what they are. Also look at the source of facts that the decision relies upon. Ask yourself "Are these people qualified to make the opinions they are making?" Generally, the the Judge will have never met either of the parties.

The Vatican Embassy won't steer you wrong. And, you won't find this help from any diocese. In fact, they will NOT even respond to any request for help in this way. Nothing personal, its how they are trained, and its a a systemic defect.

-- Pat Delaney (pat@patdelaney.net), January 08, 2004.

"eight (8)"

Tee-hee! Now that's a "systemic defect."

-- (CliffArmour@lionel.net), January 08, 2004.

Technical writing habit. Supposed to make it easier to read.

-- Pat Delaney (pat@patdelaney.net), January 08, 2004.

It has always been a silly thing even in technical writing, not to mention here. If one cannot understand "eight," one has no business looking at technical writing.

-- (CliffArmour@lionel.net), January 09, 2004.

OK Cliff. As me pappy and grand-pappy have said..."Let's not sweat the small stuff." OK?

Anything substantive to share? This is a great thread!

-- Pat Delaney (pat@patdelaney.net), January 09, 2004.

Thank you so much, Pat Delaney and Reverend Mike for the extremely good help to this question. I am going to take Pat's advice in my case and hope for the best. Pat said something a while back that is not clear in my mind. As we all know the Catholic Church has become "Pastoral" in that the fear has been thrown out and now it is all love and kindness and gentleness. Pat implied earlier that the only true way to a Pastoral Church is through following the rules laid down which sounds like going back to a strict doctrinaire way of life....... it is all a big muddle in my mind!

-- David Neil (summertime@ns.sympatico.ca), January 16, 2004.

David,

Catholic Doctrine is that a valid sacramental marriage is indissoluble. The rules at tribunals are being bent or broken to overcome this Doctrine as tribunalists, in general, think that doing this will help the parties seeking an annulment to stay in the Church. This is the illegitimate pastoralism to which I refer.

This practice by U.S. tribunals is a temporary aberration that also appeared in other limited parts of the world around the time of Vatican II. In this country, it coincided with the U.S. bishops lifting the automatic excommunication that used to come with getting a divorce. I think the two issues may be related.

What the bishops did with respect to divorce was the right thing. But tribunalists, as they are not supervised, took things a step furher and are now throwing the baby out with the bathwater. The Holy Father has recognized this as a problem and is doing what he can to correct the abuse.

It is the purpose of the Church to determine the truth in Doctrine and to teach it. She is also the sole provider of the seven sacraments. Its important that we get things right with respect to Holy Matrimony. Both in the Church in the world at large, and in the domestic church of our own families.

Today is a good day. I'm meeting with an editor of Crisis Magazine to possibly do a piece on what I know about all this. I'll keep you posted.

God bless,

-- Pat Delaney (pat@patdelaney.net), January 17, 2004.