If you are a mother who is acting as a litigant in person in a family court case in the UK, you may wonder what role case law plays in your situation. Case law refers to the decisions made by judges in previous cases that are similar to yours. These decisions can help you understand how the law is applied and interpreted, and what factors are considered by the court when making a ruling.
The Case for Case Law
Case law can be useful for several reasons:
- First, it can help you identify the relevant legal principles and rules that apply to your case. For example, if you are involved in a dispute over child arrangements, you may want to look at cases that deal with the welfare principle, the best interests of the child, and the factors listed in section 1 of the Children Act 1989.
- Second, it can help you support your arguments and claims with evidence and authority. For example, if you want to challenge a decision made by a lower court, you may want to cite cases that show how the decision was wrong or unreasonable.
- Third, it can help you anticipate the possible outcomes and consequences of your case. For example, if you are seeking a financial remedy, you may want to look at cases that show how the court divides assets and income between parties.
The Case Against Case Law
However, case law also has some limitations:
- First, it can be difficult to find and access relevant cases, especially if you do not have legal training or experience. You may need to use online databases, such as BAILII or websites like, Family Law Week, or visit a law library to search for cases. To find relevant cases, you should use keywords that relate to your case, such as the type of dispute, the area of law, or the names of the parties. You should also use filters or advanced search options to narrow down your results by date, jurisdiction, court, or citation.
- Second, it can be challenging to understand and analyse the cases, as they often use complex language and terminology. You may need to read the full judgments, not just the summaries or headlines, and pay attention to the facts, issues, arguments, and reasoning of each case.
- Third, it can be risky to rely too much on case law, as each case is unique and depends on its own circumstances. You may not be able to find a case that is exactly like yours, or you may find conflicting or outdated cases. You also need to be aware that the court has discretion and flexibility in applying the law, and that the law can change over time.
In Conclusion
Case law can help mothers find precedents that support their arguments or challenge the other party’s claim. It is an important source of information and guidance for mothers who are acting as litigants in person in family court cases in the UK, but it is not a substitute for legal advice or representation. You should always seek professional help if you are unsure or unclear about any aspect of your case.
Disclaimer: The information provided is for informational purposes only and is not legal advice. Consult with a legal professional for personalised guidance in your family court case.
