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Family court without a solicitor can be an intimidating place so it’s important to know what to expect. Unfamiliar surroundings, tension with the other party; not to mention the stress of representing your own case. For a litigant in heels who is under pressure or at a loss, I thought I’d share the main things you can expect at Family Court without a solicitor.
There will be a lot of waiting around.
Courts are very busy places, so you should presume that even if your hearing is listed for 30 minutes, you may need to be there all day. Bring a drink and something to snack on. Use the time to go over your case papers and practice what you are going to say.
You don’t have to wait with your ex and their solicitor.
Arrive at least half an hour before your hearing and register your arrival with reception. Let reception know that you are representing yourself and ask if they have somewhere quiet for you to prepare.
Your case will be held in private.
There is no public gallery inside family proceedings and the media are strictly forbidden. It is most likely that your hearing will take place in a meeting room environment rather than a traditional setting.
You will not have to stand before a Judge.
Your case will be heard by Magistrates, usually three. The Magistrates are not legally qualified and will be assisted by a Legal Adviser who will also be present at your hearing.
Your ex’s solicitor will want to talk to you.
If your ex has a solicitor then they will want to introduce themselves before the hearing. They will also use this opportunity to see if anything can be agreed before entering the hearing. You don’t have to agree to anything but stay professional and polite—any concerns can be pointed out to the Magistrates.
A CAFCASS officer will be present at the hearing.
It’s usual practice for you to meet with a CAFCASS officer before going in your hearing to discuss your side of the case. It’s important to know that they will make their own recommendations to the court for possible next steps based on what they know from you and your ex. For more information on CAFCASS read: CAFCASS – What every Litigant Mother needs to know
The first hearing is for fact-finding.
The Magistrates will hear from you, your ex and the CAFCASS officer before deciding on the next steps. Whoever brought the case to court will speak first. If your ex has a solicitor, they will be speak on his behalf. As a Litigant, you will have to address the court and speak for yourself.
It’s unlikely that your case will be resolved at the first hearing.
After the Magistrates have heard from all the parties present, they will then make directions for the next steps to be taken. An example of this might be ordering the parties to produce and file statements or evidence, requesting further information or for more in-depth checks to take place. There could be two or three separate hearings before final orders are made.
Is there anything that you could add to help another mother representing herself in Family Court?
