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.
If you need help preparing what to say to the judge, you can use our free Court Statement Writer.
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.
Draft a court statement for your hearing. Takes 5 minutes.
Try our Court Statement Writer free, here on this site →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.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
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
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?
I’m seeking advice on behalf of my brother.
His son is now 5 years old, and has not been with her since before he was born. She did not put him on the birth certificate, and last been completely cohesively controlling my brother throughout. She allows him from 10.30 until 3.30 every 2 weeks on a Sunday, the travel to where he lives is best part of 2 hours each way. She is refusing to allow him to stay overnight for no reason. It’s really getting to us and we don’t know where to start with getting a court order or anything in place that she cannot override without consequence. Please help!
I have been separated from my wife for over 2 years now. We have a daughter together who is 16months old - I have only seen my daughter a handful of times. My wife is very undermining of me and always wants me to see our daughter supervised by her own family, these people have assaulted me and made false allegations against me in the past. Social services have been involved due to domestic violence from me and my wife. I have written up the c100 form and now extremely worried that my wife might try to frame and get an order against me. She badmouthed me to my family, extended family and her family - they have called and harassed me.
Please advice shall I go ahead with c100 to see my daughter - concerned that wife will put NMO.
My wife has also changed the locks and keys to own jointly owned property. She. Has not given me keys and has not told me or notified me, I have not agreed/consented to this tenancy agreement and the tenants have moved in. Where do I stand as joint landlord, what are my rights?
Solicitor asking for too much money
Can we start all the procedure by ourselves,
I went through a separation that led me to be on the streets, I almost lost my life to starvation and completely lost my way.
After finally receiving help, I was told to take 12 months recovery, this was away from my children.
I fully focussed on getting better and I approached for re-contact, my ex had moved and shut down all ways of contact.
When we finally found them and got to court, this had taken a further 2 years, she had managed to prolong contact all that time, she had another man and had my children calling him ‘Dad’.
I represented myself in court with all the facts,
I seen off two different solicitors and after a long fight I won my case.
Now I’m seeing them my ex is breaching the order and also alienating the children to the point that they are again refusing to come to me, therefore, after the first case of CAFCASS considering me for full custody, I will now be going back into court for that reason!
There are many free advice centres out there that will attend in court with you as a majestic friend, they can not speak on your behalf, but can take notes and prompt you at times throughout the hearing. Look up local community law services in your area.
Hope this info can help any parent out there.
The child has expressed his desire to see his father and there are no safeguarding concerns and he has been ever present in his child’s life. (issue seems to stem from father beginning a relationship with a new woman although they have been separated nearly 7 yrs).
The mother has not engaged with the courts so far and failed to attend the first hearing (later found out she had not been served the papers) and mediation. The next hearing has been set for next week 14/11 but we do feast that she won’t show at court. This will mean a third hearing but will drag out beyond Xmas. Is my cousin able to get a special visitation order so that he can see his son over the holidays even though the case will be ongoing? Any advice is appreciated.
Can I present my self ?
Court is to put In place arrangement child and prevent removed my kid from uk .
(But on my statement says I am ok if she moves with arrangement)
Can I just go my self to court ?
Thank you in advance
Can I represent my case to a court by myself as she has gone through the csa for child support and I can't afford to get a solicitor and not eligible for legal aid I need help what can I do
My ex is adiment i am neve4 alo7d to See my daughter again and has even gone as far as to tell people I'm not safe to be around kids. (She has no evidence of this) and there is no truth in it. Ive also informed the police of what she's been saying.
I know she won't willingly attend mediation so i was wondering what my other options are? I cant afford a solicitor.
Thanks in advance
Ask Separated Dads a question
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