The prospect of attending Court can be a daunting prospect for anyone, inducing much anxiety. You will usually be attending the Family Court because key decision are being made about the most important aspects of your life, i.e. your children, your home, your financial security for the future. You are attending Court because you know you are in dispute over these issues, and you have conflicting interests and goals to the other people involved in the case. The Court’s likely approach may be uncertain.
Accordingly, you need to prepare yourself as much as possible in order to give yourself the best chance of securing a good outcome.
The following information may be of use to anyone due to attend the Family Court, with or without legal representation.
Before the Court date
- Certainty – Check and double check the time of the Hearing and any requirement to attend Court beforehand for pre-Hearing discussions.
Since the Covid-19 Pandemic, some Hearings are heard via video link. Therefore it is important to check whether your Hearing is to take place ‘in person’ at Court, or ‘remotely’ via video link. If it is the latter, you should receive a link from the Court (or your legal representative) to enable you to connect to the Hearing- usually within 24 hours of the Hearing. You should chase this if you have not received the link.
If you do not have a legal representative, you are expected to provide the Court with your contact details (i.e. telephone number and email address) so that the link can be sent to you.
- Planning – Plan your journey to allow plenty of time for traffic delays, parking issues, etc. Doing so will remove any additional nerves or anxieties so that you can focus on the important issues being addressed in Court. Try to get to Court early if possible – we usually recommend at least 1 hour prior to the listed Hearing time. If you are running late, contact your legal representative or the Court office to notify the Court and indicate your estimated time of arrival.
Plan what to wear, and pack what you need to take with you the night before (see further below upon this point). It is preferable to attend Court wearing clean, smart, respectable clothing. This does not necessarily mean a suit. It could mean a shirt/ blouse, trousers/ skirt. You should wear something you find comfortable, but it is not advisable to wear anything which may distract the Judge from listening to your position, or perhaps expensive jewellery or designer clothing if you want to persuade a Court that you are struggling financially. Equally however, it may be frowned upon if you attend Court “dressed-down” demonstrating a lack of care and respect for the Court process.
- Preparation – Check the format of the Hearing (see further below upon this point) and any deadlines you are to comply with in advance. If you do not have legal representation, you will need to ensure you file any documents and evidence yourself. You will need to ensure that everyone involved in a case sees all the paperwork. Therefore, if you are sending a statement, document, report or letter to court, you should ensure that your opponent is copied in. If you fail to do so, your opponent may object to the document being admitted as evidence or used in Court. The Court may well agree, and this could damage your case.
- Documents and evidence – There are requirements for agreed Court Bundles to be filed with Court and available for use by all parties in the Court room. These Court Bundles will contain all necessary documents and evidence for the Court Hearing. If lawyers are involved, this will be prepared and circulated by them. If you are the applicant and both you and your opponent are unrepresented, the burden for preparing a bundle of documents will usually fall to you. You should check with the Court in these circumstances and ensure that you comply with the requirements and timescale for filing any Court Bundle in advance of the Hearing.
You should take with you any paperwork you may need to refer to; any Court Bundle filed for the Hearing; your Diary/ phone calendar, etc. There are guidelines about organising paperwork for hearings and how to submit it. These guidelines are contained in Practice Direction 27A which directs how to present information, including the font and size for text in legal documents; what the Court bundle should contain and in what order; and how to categorise everything.
You should not write on any original documents produced to the Court. The Court may ask to see your copies of these documents and it would not bode well if you have written anything detrimental on them, perhaps illustrating your own personal thoughts!
It is in your best interests to note in advance of the Hearing any further information you believe is required; what attempts you have made to resolve matters; any interim issues you believe need resolving; and, for a Final Hearing/ Trial, any questions you want to ask about your opponent’s evidence and perspective. Yo should also re-read your own evidence to refresh your memory about how you have presented your position to the Court.
In a case about Children, perhaps have your diary to hand at court; a note of school holiday dates; and a note of any proposed / booked family holiday dates.
In a financial case, ensure you have all facts and figures to hand.
You might wish to have a note of what you want, including best and worst case outcomes. The Court may ask you where you stand, and this will also be useful to focus your mind for negotiation purposes outside of the court room.
- Support – You may bring a family member of friend with you to Court for moral support, but they will only be able to accompany you in the communal areas of the Court building. They will not be permitted entry to the Court room. It is inadvisable to bring an ‘army’ of supporters with you.
Upon arrival at Court
- Security – There will be security upon entering the Court building. This usually involves airport -style security checks, with walk-through metal detector frames , handheld body scanners used by security staff, and handbag/briefcase checks. The Court Security staff always encourage visitors to have bags open and ensure they have no metal items in their pockets when going through the metal detector.
You will not usually be permitted to take food or drink into the Court room. There are water coolers, vending machines, and cafeterias in most Court buildings for refreshments.
- Where to go? – The Court lists will be displayed so that you can identify your case and be directed to the appropriate floor and Court room. We recommend having a note of your case number to hand, as the Court lists are usually anonymised now for data protection and confidentiality purposes – quoting only the case number and perhaps the initials of the parties involved. The case number will appear at the top left hand corner of all legal documents relating to your case, in particular the Notices and Orders issued by the Court. It will be noted on the Notice of Hearing you will have received.
The Court lists usually confirms the name of the Judge for your Hearing. It is worth making a note of this.
If you have legal representation, it is a good idea for you to agree in advance where you will meet your representative on the day.
- Check-in – You will need to ‘check in’ with a Court usher yourself so that the Court is aware that you are in attendance. This assists the Court in deciding upon the order in which cases should be dealt with on the day. Failure to check in can cause delays if the Court has no record of your arrival.
Waiting at Court
- Allow time – There are often lengthy waiting times at Court, both before a Hearing and also during breaks in a Hearing where negotiations are perhaps ongoing between parties and/ or representatives.
You will not necessarily be called into the Court room at the time your case is listed. Your case will be listed at the same time as several other cases and the Court will make early administrative decisions on the day to decide the order in which cases are dealt with.
Your case may be listed with a time estimate, for example. 1 hour, but this estimate should not be taken as the length of time you will be in Court. The time estimate is usually an estimate for the Court / Judge of the Hearing length only and does not factor in the time potentially needed before, during and following a Hearing for communications between Parties and their representatives, or for any negotiations outside of the Court room.
- Safeguards – If you are a victim-survivor of domestic abuse, you can make an advanced request of the Court for separate waiting areas and other ‘special measures’ to limit your exposure to the perpetrator of the abuse. This may include measures in the Court room, such as screens to shield the alleged perpetrator from your line of vision.
- Behaviour – Be alert to the fact that the Judge is likely to be notified of any negative behaviour outside of the Court room. Therefore, it is important to be polite and courteous to all Court staff and other parties in attendance at Court, as well as the Judge.
In the Court Room
- Always ensure that all mobile phones and other electronic devices are switched off or placed in silent-mode. Even a vibrating phone is considered a distraction in the Court room.
- Hearings in the family courts are in private and only those who are involved can attend. You must not attempt to film or record anything whilst in Court. You could be punished for Contempt of Court if you do so, and it could have a detrimental impact upon your case. Hearings are generally recorded by the Court, and the recordings can be transcribed if there is a discrepancy at a later date regarding events in the Court room.
- Hearing Format – The format of events in the Court room will depend upon the type of Hearing. They have different purposes, different lengths, different attendees, different formats and require different types of information. The Judge will guide the sequence of events on the day, unless there is a timetable agreed in advance between parties and representatives involved.
If there has been a previous Court Hearing, the Court Order from that Hearing will say what type of Hearing the next will be and what issues will be considered. This should assist you in preparing for the Hearing.
Some cases will feel less formal than others, with only administrative discussions about how the case will progress. These Hearings will feel different to how Court room dramas are presented on television and in the movies. It is only usually in Final Hearings and Trials that you will see parties taking the stand, swearing an oath and giving evidence.
- Speaking in the Court Room – It is important not to speak unless you are asked to do so, or until it is your turn if you are representing yourself. When speaking, it is important that you direct your communications to the Court and do not seek to interact with the opposing parties. This would only be permitted if you were cross- examining another party in the case and this would be carefully controlled to ensure that decorum is maintained in the Court room.
- How to address the Judge? – This is a common question. People will often take their cues from other people in the court room. However, if you are first to speak, you will need to know the correct approach. Magistrates are referred to as ‘Sir’, ‘Madam’ or ‘your worship’. District Judges (including those sitting in the Magistrates Court) should be referred to as ‘Judge’. Circuit Judges and Recorders are called ‘Your Honour’ and High Court Judges are called ‘My Lord’ or ‘My Lady’. If you are representing yourself as a ‘Litigant in Person’, the Judge will not usually take offence if you forget or get it wrong. The key thing is to be polite and respectful.
Here is a link to further guidance upon this point:
https://www.judiciary.uk/guidance-and-resources/what-do-i-call-a-judge/
- Planning – Every Court Hearing will be different and events often evolve on the day, so it is almost impossible to plan precisely what to say. If you are legally represented, your lawyer will prepare you in terms of what to expect; what the Court will focus upon; what the opposition are likely to be saying; and whether you will need to speak. If you are representing yourself as a ‘litigant in person’, you will need to prepare yourself. You can only do so if you are clear about the nature of the Hearing and what will be decided upon on that occasion.
For example, if it is a Directions Hearing or Case Management Hearing, the focus will usually be upon the progress made in collating evidence and the next steps to enable the Court to ultimately make a decision. In a Dispute Resolution Hearing, the Court will want to know the agreed facts and the extent of any negotiations, before attempting to assist the parties in agreeing a compromise. At a Final Hearing/ Trial, the Court will assess the evidence and ultimately make a decision based upon the evidence and within appropriate legal parameters.
- Take Notes! – It is really important that you make a careful note of what is said in Court. This is not always easy if you are required to speak yourself. However, you should do your best to make a note of what is said by you, the opposition and the Court; any interim decisions made; and new deadlines imposed and Court Hearings fixed.
- Remain as calm and composed as possible – You should make every effort to stay calm in the face of any attempts by your opponent, or their representative, to antagonise you. As difficult as this may be in the circumstances, particularly if false allegations are being made, it is important that you maintain your composure and respond clearly to confirm your position when given the opportunity to do so. You should refrain from interrupting or shouting out in the Court room. It is far more likely that the Judge will hold you in higher regard if you respond well to attempts to antagonise you; whilst the Judge would take a dim view of any outbursts, which could impact negatively upon your case. Make a note of any points raised by the opposition that you would like to take issue with when it is your turn to address the Court.
Before leaving Court
(i) If the case does not conclude on the day you attend Court, you should ensure that you know the next steps such as deadlines, appointments to be made, the date of the next Court Hearing, etc.
In a case relating to Children, parties should be clear about whether interim arrangements for the children have changed in terms of when they are in the care of each parent until the next Court Hearing. You should ensure you know what information you are to provide to the Court, which can include medical records, information from schools, test results, reports from experts, statements, etc.
In a financial case, you should ensure that you are clear about any interim changes to financial arrangements (for example. the payment of bills, maintenance, etc) and any further financial information or valuations to be obtained before the next Court Hearing. You may be expected to make proposals for settlement before the next Court date, so it is prudent to ensure that you are aware of the timescales for this.
If you are legally represented, your representative should confirm all of this detail to you following the Court Hearing. If you are not legally represented, you should ensure that the Court has your email address and postal address. The Court Order from the Hearing should then be sent to you, outlining the outcome of the Hearing and the next steps.
It is recommended that you diarise the timetable and reminders for yourself in the run up to deadlines, to ensure that you do not miss anything and you are not penalised for non-compliance.
(ii) If the case concludes on the day you attend Court, ensure you are clear about what the outcome was.
If you are legally represented, your representative should speak to you after the Court Hearing and follow up with written confirmation of the outcome and a copy of the Final Court Order once it has been drafted and approved by the Court.
If you are not legally represented, you should ensure that the Court has your email address and postal address so that the Final Court Order can be sent to you.
Once you receive the Final Court Order, you should check that it accurately reflects the outcome as you understand it. If not, you would need to contact your legal representative or, if you are unrepresented, the Court to query this and have any errors corrected.
You should make a careful note of any steps you are required to take in order to implement (or ‘give effect to’) the Court Order. This often involves communicating with your opponent or their representative to finalise things.
In a Children case, this may be to make arrangements for holiday dates, etc.
In a Financial case, this may involve the transfer of assets and you may need to appoint other professionals for this purpose, for example, a conveyancer if there is a property to be sold or transferred. There will usually be deadlines imposed for certain actions, and you should ensure that you take steps to comply with these deadlines in order to avoid penalties (such as interest being payable) and/ or your opponent applying to Court to enforce the Order, which can have serious implications and entail potential cost liabilities.
Individuals faced with the prospect of attending the Family Court will invariably feel less anxious, more prepared and fully supported whilst in Court if they are legally represented. If you find yourself in this position, our Family Law specialists at DTM Legal LLP can assist. Please contact Colette Blackburn or Helen Davies of DTM Legal LLP for further such advice and assistance in this regard: colette.blackburn@dtmlegal.com or 0151 304 7145 helen.davies@dtmlegal.com
