Representing Yourself in Court

The family court is a particularly informal kind of courtroom and the judges and magistrates who hear the cases are used to people representing themselves. Often, if the party on the other side is represented, this lawyer is told by the court to advise an unrepresented party about law and procedure. Barristers in particular have duties to assist people who are ‘litigants in person’, and must help you as much as possible, despite the fact that they are acting for the other side. You should also feel free to ask the judge, or the magistrates, for assistance if you get stuck at any point.

Do You Need to Resort to Court Action?

It is possible, and indeed commonplace, for people to apply to court to undertake their own representation at the family court. The family court is generally interested in one thing only – the best interests of the children involved. It is worth remembering that not all cases need to go to court, and a lot of issues can be settled outside the courtroom. You should only resort to litigation if you have tried all other options.

Using a Lawyer For Some Parts of Your Case

Some people use lawyers at certain stages of the legal process, but do most of the case preparation themselves: either seeking advice from solicitors at an early stage of the process and conducting the hearings themselves, or doing the solicitor’s job up until the final hearing stage, at which point they instruct an advocate (either barrister or solicitor) on their behalf.

Being a Litigant in Person

It is possible, however, to conduct the proceedings from start to finish yourself. The good news is that each case is decided on its particular facts and, as all family circumstances are different, you are the best person with the most in-depth knowledge of your own family circumstances. While lawyers can speak on your behalf, it is often the case that judges and magistrates appreciate litigants in person who are able to express their wishes first hand and without the assistance of a lawyer.

It is, however, important to remember that if your ex is represented by a lawyer, they will simply be putting the case as your ex sees it. What this means is that you shouldn’t get angry with your ex’s legal representative – he or she is just acting in the best interests of their client.

Particular Orders

To apply for a residence order you need to download the Children Act Form C1. This form is also the correct form you should use for a Contact Order, Specific Issue Order, a Parental Responsibility Order or a Prohibited Steps Order. This is available on the HM Courts website.

You should fill out the details of your child or children, your own details and that of your partner, and explain the order that you want to apply for, giving your reasons. There may be a fee to pay when you lodge this at court, but this depends on your financial circumstances. If in doubt, seek advice from the court office.

Contact Orders

If there is an existing Contact Order in place and, for example, one of the following occurs:

• The order is not being complied with
• You want to revoke an existing enforcement order
• You want to amend an existing enforcement order because of a chance of address
• You have lost money as a result of the contact order not being complied with

You should use form C79 which is available on the HM Courts and Tribunal Service website.

If you want to find out where your child is and want to ask the court for disclosure of their whereabouts, you will need Children Act Form C4.

Court Fees For Lodging Applications

If any of the following apply to you, you may not need to pay a court fee:

• You receive Income Support
• You are on Job Seeker's Allowance
• You are on Guaranteed State Pension Credit
• You are assisted by a solicitor under the ‘Legal Help’ scheme
• You receive Working Tax Credit, if you are either receiving child tax credit, or there is a disability of severe disability element, and the gross annual income for calculation purposes is £15,450 or less
• You have a funding certificate in place from the Legal Services Commission, in which case you should complete form EX160 for a fee exemption.

For more information about what happens when you get to court, see the article elsewhere on this website entitled What Happens at the Family Court?