FAQs

You will need to make an application to the court.  This will be done on an application form.  You may be able to find the correct form you are looking for in the other sections, above.  If not, the court staff should be able to help you find the correct form.  You will probably have to pay an application fee; the court staff will be able to tell you what the fee is and also give you any guidance forms to help you to fill the form in properly.

It is impossible to say how long your case will take to reach a conclusion, as each case depends on its own facts and circumstances. The Court is guided by the basic principle that delay will not be in the child’s best interests. In public law proceedings (care proceedings) the Court is under a duty to finalise proceedings within 26 weeks; although this can be extended by the Court if the child’s welfare requires it. In private law proceedings the Court will try to resolve issues as quickly as possible, and should avoid regular review hearings.

Don’t be afraid to ask the court staff if you have any questions when you get to court.  The security guards at the door should be able to point you in the right direction.  When you have found out which court your case is being heard in, you should “sign in” with a clerk or usher when you are able to.  You should make sure that the other parties have also arrived and speak to their lawyer, if they have one.  If you have a lawyer, they will speak on your behalf and let you know what is happening.  You should listen out for the name of your case being called out, as you will then go into court to see the Judge or Family Judges.  The court ushers are there to help you and they will try to keep you updated if you are waiting for a while.  You should remember that there will normally be other cases being heard in the same court, so you are unlikely to go into court first thing or at the time the hearing is listed.

A District Judge is called “Judge”.  A Circuit Judge is called “Your Honour”.  A High Court Judge is called “My Lord” or “My Lady”.

You can wear whatever you like to court, but it is probably best to try to dress smartly.  The Judges, court staff and the lawyers will all be dressed smartly, most likely in suits.

Every hearing is different so it is impossible to say here what will happen in your case.  However, you do not need to worry or be nervous about the court hearing.  Judges, court staff and the lawyers are here to help you, so do not be frightened to ask if you do not completely understand something.

You will be expected to try to resolve the dispute if at all possible.  You should try to talk to the person on the other side if you can, and should definitely talk to their lawyer if they have one.  A CAFCASS officer may also be there to help you and it is important that you talk to them.

The Judge or Family Judges will already have read the papers (in a court file or “bundle”) before you come into court, so you do not need to explain all of the history.  The Judge will probably ask you what you want to happen and will guide you through the process.

After a decision has been made, you will get an order from the court.  This might be an order making directions about the filing of evidence (see below) or it might be an order which says what should happen with your child/finances.  It is essential that you do everything which you are supposed to do in the order.

If you disagree with anything that is ordered, you might want to appeal the decision.  It is probably best that you try to get some legal advice about any appeals.

You can watch some very helpful videos about what happens in The Family Court in the I AM REPRESENTING MYSELF section, above.

The people who are involved on each side of the case are known as “parties”.  The person who makes the application is called the “applicant”.  The person who has to respond to the application (normally the other parent or spouse) is called the “respondent”.  There might be more than one respondent; for example, in care proceedings, the Local Authority is the applicant, the Mother is normally the first respondent and the father is usually the second respondent.  The child involved is also always a party in care proceedings and will be the third respondent (more, if there is more than one child).  The child may also be added as party in private law proceedings.

In divorce, the person who makes the petition for divorce is called the “petitioner”.  The other spouse is the “respondent”.

If the case is an appeal, the person who wants to appeal the decision is called the “appellant”. The other party is still the “respondent”.

Not all hearings are full “trials”.  Some hearings are intended for the Judge to make a decision in the case and it is expected that the Judge will hear some evidence and all the parties’ arguments; these are normally called “contested hearings” or “final hearings”.  A “directions hearing” is a shorter hearing where it is expected that the court will make arrangements for all of the evidence that needs to be gathered for a decision to be made on another day.  The court will give directions to the parties about when to file evidence and when the case will come back to court on another day.  It is rare that a final decision will be made at a directions hearing unless the parties both agree about what should happen.

‘File’ means to send the information to the Court. ‘Serve’ means to send the information to all the other parties in the case. Therefore, if the order says you must file and serve a document by a certain deadline you send it to the Court and the other parties by this time. The court will be able to give you the address for filing your evidence. It is important that you stick to any dates that are in a court order; if you do not then it is likely to delay your case and the court might make you pay any costs that the other party has run up because of the delay.

A witness statement is a document containing a written account of a person’s evidence.  It should only contain evidence that is relevant to the case.  It should be signed by the person giving the evidence, together with a statement of truth: “I believe that the contents of this statement are true.”

Further advice about how to write your witness statement can be found here and a helpful template can be found here.

Disclosure is the process of revealing evidence to the other party and the court which they might not already know about.

You will probably hear this more often in financial cases.  Disclosure means that you have to give the other side and the court absolutely full, honest information about all the money, assets and income that you have.  This is normally done via a Form E – see the DIVORCE, SEPARATION & MONEY section, above.

You might also hear this in children cases.  Disclosure of information and evidence is often obtained from the police, where they have had involvement with the family.  Disclosure might also be obtained about any information which social services have.

Family proceedings are usually completely confidential so there are only rare circumstances that mean that you can tell people what is going on in your case or what has been said in court.  You should not show people the court documents or evidence. You are also not permitted to record any of the Court proceedings. If you show people evidence and documents or record the proceedings it is a contempt of court and you might be punished, possibly by imprisonment. It is possible to obtain a transcript of the entire hearing form the Court.

You are allowed to talk to your lawyer, legal adviser or McKenzie Friend about your case.  You are allowed to talk to a doctor or therapist in order to obtain advice or treatment.

You should be very careful about what you post on social media about your case.  As a rule of thumb, do not put anything on Facebook, twitter or any other social media outlet about the court case, hearing or any decision which has been made.