Top tips for representing yourself in the Family Court

Every month, thousands of people represent themselves in the Family Court as litigants in person. Some are thoroughly well-prepared and require little or no assistance. But that is very often not the case. In those cases, a family lawyer representing the other party can find it a real challenge to maintain a balance between treating the litigant in person fairly and acting in their client’s best interest.

Tips for litigants in person

If you find yourself a litigant in person in the Family Court, here are some tips to help navigate you through the process:

The other party’s lawyer is under no obligation to assist you

A common misunderstanding among litigants in person is that a lawyer representing the other party is under an obligation to assist them or to take procedural steps on their behalf. That is not the case. Familiarise yourself with the court rules and procedures, including the terminology used. This includes knowing what to ask the court for and when.

Is free advice available?

Take advice if you can. If you cannot afford a solicitor, seek out whatever free advice is available. For example, Law Centres and Citizens’ Advice may be able to help and don’t forget that a considerable amount of information is available online. In addition, free advice or support may be available at court, perhaps from the Personal Support Unit or Citizens’ Advice.

Keep a well-ordered file

Keep a well-ordered file of documents and correspondence throughout the case. And make a careful note of any deadlines imposed by the court. If you cannot comply with a deadline, contact the court and your ex-partner’s solicitor as soon as possible, explaining in detail the steps you have taken (and when) in attempting to comply. Remember, if you fail to comply, the court may penalise you.

Copy correspondence

If you write to an expert in the case, or to the court, don’t forget to send a copy of the letter to your ex-partner’s solicitors. Also, as soon as solicitors notify you that your ex-partner has instructed them, you should only communicate about the case with the solicitors, not with your ex-partner direct.

Be polite – whatever your true feelings

Courtesy is key. Be polite to everyone involved – whatever your true feelings! It’s very easy for your emotions to get the better of you, but unpleasant words and behaviour really don’t impress the court!

Honesty is key

Be entirely honest throughout the process. If it’s found that you’ve been less than honest, or even slightly economical with the truth, you may be sanctioned by the court. If there’s something you’re not proud of or you’re worried about, the best policy is always to get it into the open at the earliest opportunity, together with a detailed explanation. Do not leave it until the other side raises the issue or questions you about it. Judges in the Family Court have seen and heard it all! They understand that many of us do or say irrational things when emotions run high. Ultimately, whatever the issue, it may not be as damaging as you think.

Never interrupt

Never interrupt the judge! You will have a chance to speak. And don’t be afraid to politely seek clarification from the judge at any stage. You must ensure that you understand what’s happening and, in particular, any order the court makes.

Failing to attend court

Remember, failing to attend a hearing can result in an order being made in your absence. Therefore, if there’s a genuine reason you cannot attend, notify the court and your ex-partner’s solicitor at the earliest opportunity, providing evidence of why you cannot be there.

Moral support

Consider taking a friend along to court for moral support. But you should always ask the court usher to check with the judge whether they are happy for your friend to come into court with you.