What happens in the family court?
The purpose of this article is to give some guidance about what to expect if you have a hearing coming up in the Family Court and answer some common questions:
What types of hearing take place in the Family Court?
If you have a hearing coming up in the Family Court, it is most likely for one of the following reasons:
- You are trying to make arrangements for your children
- You are trying to sort out your finances on separation
- Yourself or your ex partner has made an application to court to prevent contact/harassment between you or to ask the court to make orders about occupation of your home.
Can I go to court without a solicitor?
Yes, you can go to the Family Court without a solicitor. The process is designed to be accessible to non-lawyers or ‘Litigants in Person’ as they are referred to at court. However, we would always recommend seeking independent advice when you are within court proceedings, even if that is simply in the form of a fixed fee consultation appointment.
What do I call the Judge?
Ordinarily Family proceedings will be before a District Judge or a Deputy District Judge. You can refer to them as ‘Judge’ or ‘Sir’ within the hearing. If you are in court to do with arrangements for your children, it is possible that your hearing will be before Magistrates. If so, you should refer to them as ‘Your Worships’. Magistrates are non-legal professionals, assisted by a legal adviser.
Who speaks first?
The Judge/Magistrates (or their usher/legal adviser, if applicable) will introduce the hearing. They will then invite the Applicant to speak first. If, however, you are the applicant and the respondent has representation, the Court will usually invite the legal representative to speak first, then come to you second. This is because the legal representative is likely to have the best understanding of what is supposed to happen at that hearing and can be trusted to summarise the live issues for the court’s benefit. You will then have an opportunity to speak in due course and to agree or disagree with what is being said.
What if I am not happy with the outcome of the proceedings?
If you are unhappy with the outcome, it is always best to seek independent advice. It may be the case that the court is simply following a process and that what happened at the hearing is standard procedure, or it may be the case that you have grounds to contest the outcome – though this is highly unlikely.
It is always advisable to seek advice as to your options before a hearing takes place, as final decisions are binding and generally very difficult to challenge. If you find yourself midway through the court process and need some advice about what to expect next, you would likely benefit from booking a fixed fee appointment with a member of our family team. Call our Family team on 0330 0945 500, email family@nevesllp.co.uk or complete our Contact Form and we'll get back to you.
