The various differnt hearings at the family court

WHAT ALTERNATIVES ARE THERE TO COURT?

Court is not an easy option. If you can find an alternative way of sorting things out you should do so. Alternative Dispute Resolution (ADR) (also called Dispute Resolution (DR) or Non-Court Based Dispute Resolution(NCDR)!) can be a range of things, from simply sitting down over a cup of tea with your ex to draw up a parenting plan to the following more formal approaches:

  • Couple Counselling

  • Mediation

  • Arbitration

  • Collaborative Law

  • Family Group Conference

  • Round Table

  • Private FDR

More information about each form of ADR is set out below. See also our F.A.Q. Do I have to go to mediation? Don’t forget that many forms of ADR, including mediation, can be tried even if a court case has already started. It is rarely too late to try and find an alternative.

COUPLE COUNSELLING

It might seem an odd thing to include but couple counselling (often called marriage guidance) can help you work together as you end your relationship. See Relate for more info.

MEDIATION

Mediation can help you reach an agreement about disputed issues arising from your separation (e.g. children, finances, communication). Mediation is voluntary. Mediators are impartial, do not advise you, and do not impose a decision upon you. Mediation is voluntary. If you are on a low income, or if your ex is on a low income you are both likely to qualify for free mediation through legal aid. Mediation often works best if you have some legal advice alongside it. See FMC for more info.

ARBITRATION

Arbitration is voluntary, but once you have agreed to go to arbitration an arbitrator will make a binding decision instead of a judge. The decision can be enforced in court. Currently only available for financial disputes but may in due course be available for disputes about children. Most often used where there are significant assets or a particular need for privacy. See IFLA for more info.

COLLABORATIVE LAW

Both parties instruct lawyers trained as Collaborative Lawyers who work together in an attempt to achieve a resolution and are less restricted in their dealings with the other lawyer than would normally be the case. If an agreement can’t be reached the Collaborative Lawyers drop out and the parties have to instruct fresh lawyers for any court case that follows. See Resolution for more info.

FAMILY GROUP CONFERENCE

Often used where there are child protection concerns or where a family unit has a particular need for ongoing support (perhaps because a member of the family has a disability). See the videos by the Family Rights Group here.

ROUND TABLE

Parties and their lawyers agree to set aside a day to come together and attempt to negotiate a settlement in an attempt to avoid court. Most often used where there are significant assets or a particular need for privacy.

PRIVATE FDR

Parties pay an experienced lawyer, retired or part time judge to carry out a “Financial Dispute Resolution Hearing” for them with the aim of reaching a settlement about finances. A FDR is a hearing where a judge hears a summary of the parties positions and gives guidance to them about what outcomes are likely or sensible. Most often used where there are significant assets or a particular need for privacy.

 

I dont understand how the courts work.

There are different types of hearing which are explained and listed below, but the court will adapt the hearing format depending on what the case requires. We’ve prepared some flowcharts for children and financial cases that will give you a rough idea of where each hearing might fit into the overall process although every case is different

  • CHILD ARRANGEMENTS FLOWCHART

You could also read Practice Direction 12B “The Child Arrangements Programme” which sets out the process for disputes within families about arrangements for children in more detail, and Part 9 of the Family Procedure Rules for financial cases (although this might be a bit more difficult to follow). See also leaflet CB7.

Some hearings will be dealt with by a panel of 3 Magistrates (sometimes 2) assisted by a Legal Adviser, others by judges (legally qualified). We’ve used the term “Judge” below to refer to both Judges and Magistrates.

At every hearing all parties should be given a chance to have their say (be patient, usually judges will organise things so you take turns) before any decisions are made, but the judge will need to refocus everyone on the things s/he needs to hear about in order to make a decision in order to get through the case. Sometimes a judge will need to postpone dealing with some issues and just deal with part of the dispute at one hearing, perhaps because some information is missing or there isn’t time. Court hearings should proceed on the basis that everyone, including the judge, has seen all the paperwork relied upon by any party in advance.

DIRECTIONS HEARING / CASE MANAGEMENT HEARING / CASE MANAGEMENT CONFERENCE (CMC / CMH)

This is generally a short hearing to sort out procedural and practical matters and to get the case ready for a hearing where a full decision will be made. The court might make directions setting a date for you to submit your evidence for example.

FIRST DIRECTIONS APPOINTMENT (FDA)

A FDA generally refers to the first hearing in connection with a financial dispute on divorce, before which both you and your ex should have sent each other and the court your completed Form E Financial disclosure. The court will consider whether there is any outstanding information needed (for example a valuation on your home or pension) or if the case is ready for you to move towards attempting to resolve it by agreement. If appropriate the court may treat the hearing as a FDR (see below).

FIRST HEARING DISPUTE RESOLUTION APPOINTMENT (FHDRA)

This refers to the first hearing in connection with an application about children (for example a dispute about where children should live), at which the court will consider preliminary safeguarding checks on the family and will attempt to resolve the matter or identify the range of dispute if this is not possible. A CAFCASS Officer may be present and may attempt to help you reach agreement. No evidence is necessary or permitted at a FHDRA and the court will usually only make orders about contact by agreement or to confirm the status quo. The court will consider whether or not further directions are needed, such as a report from CAFCASS.

DISPUTE RESOLUTION APPOINTMENT / HEARING (DRA)

Dispute Resolution Appointment (DRA)
Dispute Resolution Hearings follow the preparation of a child welfare report ( section 7 prepared by CAFCASS or Social Services) or another expert report
Where the hearing follows the preparation of a section 7 report by CAFCASS they will only attend this hearing if directed to do so by the Court. At the DRA the Court will identify the issues, to be determined and the extent to which those issues can be resolved or narrowed at the Dispute Resolution Appointment where they will try to resolve the issues by hearing evidence. They will give final case management directions such as ask them to file further evidence or a statement of facts and issues remaining and book another hearing for those to be heard.

FINANCIAL DISPUTE RESOLUTION APPOINTMENT / HEARING (FDR)

Once disclosure is complete the court will hear a summary of the parties positions and will give guidance as to what the likely outcome would be at trial and as to how reasonable each party’s position is. The judge will allow time for both parties to negotiate having heard her advice and will encourage the matter to be agreed. If it can’t be agreed that judge will drop out of the case and a trial will be listed.

PRE-HEARING REVIEW / PRE-TRIAL REVIEW (PTR / PHR)

A short hearing in the run up to a trial / final hearing to make sure everything is ready for the trial to go ahead.

REVIEW

A hearing to see how things are going. Generally the court will only make directions to get the matter ready for a trial or orders that are agreed.

RETURN DATE HEARING

Sometimes an injunction is made before the person affected by it is told. If that happens the court will list a hearing so they can object to the making of the order if they want. This is called the return date hearing. Usually only a short hearing so if there is a dispute the matter usually has to be fixed for a trial so the court can hear evidence.

ISSUES RESOLUTION HEARING (IRH)

A hearing in public law (care) proceedings that takes place once all the evidence has been circulated, to see if matters can be agreed.

FACT FINDING HEARING (SOMETIMES CALLED A RE L HEARING)

Sometimes there is a factual dispute about what has happened in the past that is so important that the court needs to decide who is telling the truth before working out what to do next – this often happens where someone alleges domestic violence or child abuse which is denied by the other person. In such cases the court may hold a separate trial to deal with those allegations first, before going on to think about what is best for the children. This hearing is called a fact finding hearing. The judge will decide on the balance of probabilities whether something did or did not happen.

TRIAL / FINAL HEARING

If the court has been unable to resolve the dispute at an earlier hearing it will list a longer hearing giving time for the parties to have their say and usually to call witnesses to give evidence.

Lots of people who become involved in a family court case have never been to court before and don’t know what to expect. Although the Family Court is less formal than some courts (no wigs and gowns for example) there are still rules and procedures that you might not know about, and the Family Court works like any other court by following rules, and by making decisions based upon evidence after every person involved has had a chance to see the evidence and to have their say.

We’ve prepared some simple flowcharts that should give you a rough idea of how a typical case about children and a typical case about finances might proceed, although every case is different.

You could also read Practice Direction 12B “The Child Arrangements Programme” which sets out the process for disputes within families about arrangements for children in more detail, and Part 9 of the Family Procedure Rules for financial cases (although this might be a bit more difficult to follow). See also leaflet CB7.

WE’VE ALSO PROVIDED SOME BASIC INFORMATION ABOUT CARE PROCEEDINGS.

Care proceedings are are court cases started by social services (local authorities) where they are concerned about the safety of a child. If you are worried about your child being removed by social services please read this information. You are entitled to legal aid (a free lawyer) for this sort of case.

Here are a few basics about the Family Court that might help you :

  • Everyone is expected to operate on a “cards face up” basis – your evidence (anything you want to rely on) should be shown to the court and the other people involved early enough for them to properly consider and respond to it – there should be no surprise ambushes.

  • In cases about money this includes a “duty of full and frank disclosure” to let the court and the other person see your financial figures and paperwork (see our F.A.Q. What is disclosure?).

  • But evidence produced for a case in the Family Court must be kept private and should only be used within the court case.

  • If there is a disagreement about a particular factual issue that is important to the outcome the court may “find” (decide) whose account is accurate. It will do this by considering the evidence and deciding what is more likely than not. This is called the “civil standard” or “balance of probabilities”. If it is more likely than not that something happened the court will proceed as if it did, but if the likelihood is 50% or less the court will proceed as if it didn’t.

  • Although the court will encourage you to agree things at every hearing, and in particular where there are children will try and find an agreed solution the first time you go to court, it is usually not possible to finally resolve things without the agreement of both of you. The first time you go to court is likely to be a “sorting things out” and “working out the lie of the land” type of hearing. It may not be possible for the court to make a final decision, but a holding order might be put in place whilst the court gathers the information it needs to make a full decision (See our F.A.Q. What is a directions hearing?).

  • Hearings can often take longer than the time estimate on the notice telling you when to come to court.

  • You can usually take a friend to court to support you and if you don’t have a lawyer they may be able to sit in on the hearing and quietly support you (See F.A.Q.s What is a McKenzie Friend? and I need support at court).

  • Family cases are dealt with by a single Judge or a panel of 3 (sometimes 2) lay Justices (Magistrates).

There are several ways you can find out more about the Family Court and how it works before the day of the first hearing :

I’M FRIGHTENED FOR MYSELF OR SOMEONE ELSE

The Family Court often deals with cases which have been started because one person is frightened because of violence or harassment and wants protection, or where a person involved in the case is frightened of coming to court or of having to see the other person. Parents who come to court are sometimes refusing to let the other parent see a child because they are frightened that the children will be harmed. Often this is connected to domestic violence or abuse but sometimes it is related to feared child abuse of some kind. Sometimes a parent is worried their child will be taken away by the other parent, perhaps out of the country. The judges and court staff are all familiar with dealing with people in these scenarios and are usually very helpful.

This page gives you some information about how the court can help and how other agencies can help if you are frightened for yourself or someone else.

It covers :

  • Domestic violence & abuse

  • Intimidation at court

  • Intimidation after court

  • Giving evidence

  • Concerns for the safety of a child

  • Abduction

 

DOMESTIC VIOLENCE & ABUSE

No-one should have to suffer domestic violence or abuse. The law is there to protect you.

The legal system uses a very broad definition of domestic abuse. Domestic violence can include:

  • Actual physical or sexual violence;

  • Threats of physical or sexual violence;

  • Verbal abuse;

  • Emotional abuse – for example running you down or name calling,

  • Controlling behaviour – such as controlling where you go or what you wear, or controlling your finances or communication with others);

Domestic violence and abuse happens to men and women, and is carried out by both men and women.

Where somebody needs protection from an partner, ex-partner or family member they can make an application for a court order called a non-molestation order. A non-molestation order is a sort of injunction that tells the other person things they must not do. If they ignore the order and do one of the things that are prohibited (not allowed) it is a criminal offence and the police can arrest them. Typically an order will prevent an ex-partner from:

  • Being violent towards you or your children;

  • Threatening violence towards you or your children;

  • Communicating with you or your children (except perhaps through lawyers or a specific method);

  • Harassing you or your children by going to certain places (i.e – your house, workplace or school).

If you are a victim of domestic abuse you may be entitled to legal aid firstly to get a non-molestation order, and secondly if a court case about the children or your finances follows (See our page about legal aid here).

If there is a risk that the other person might react violently to you asking for an order the court can make the order before the other person is told about it, so your protection is in place first – but this is only a temporary arrangement – the other person will be able to come to court afterwards and try and get the order lifted.

The court can also deal with this sort of application urgently if necessary. You will need to explain why it is urgent. It is a good idea to take a photo of your partner / ex to court to give to the court bailiffs, as they will usually serve the order upon them for people without lawyers, and they need to know who to look for.

You do not have to have a lawyer to make an application for a non-molestation order, but you might find it reassuring to take a friend or support worker with you to support you if you go without a lawyer. Some domestic violence organisations have workers who will help you make the application or will make it for you.

Having a lawyer at court would provide you with support outside of court and also limits any direct contact between yourself and the domestically abusive individual. A lawyer can advise you about what protection the court is able to give you. You might find the Rights of Women video about safety in court useful (see our video page).

If you’re not entitled to legal aid (perhaps because you work and your income is too high) you can still instruct a lawyer, although you would have to pay (find out more here).

Your support worker (for example from a domestic violence agency) or IDVA if you have one (Individual Domestic Violence Advocate) will usually be allowed to support you at court.  You can also be accompanied by a friend or family member. There is more information about that and other organisations and services that are available to provide you with some support at court here : I need support at court.

Family cases mainly take place in private. This means that only those directly involved in the case will be allowed into court, unless the judge agrees (The press are allowed to attend unless someone objects but they rarely do).

INTIMIDATION AT COURT

Many people are concerned about the other party being threatening and/or intimidating in the court building. In fact most people are on “best behaviour” in the court environment and this doesn’t happen very often but there are ways of dealing with this.

If you are worried about sitting in the same waiting area as the other party you can contact the court and ask for a separate waiting area. In fact, many of the application forms and response forms ask if you would like separate waiting areas.

All courts have security staff and you will probably have to pass through security on your way in to the court building.

If you do feel intimidated or are concerned for your safety then notify a member of court staff, security or CAFCASS or the judge.

Read our page on extra help at court for details of other “special measures” that the court can put in place to help make it easier for you to take part in the court process and to give evidnce.

INTIMIDATION AFTER COURT

If you are worried about leaving the court building because you might be abused or intimidated by the other party on the way home, you can wait in the court building for a short period of time until they have left the building. If you explain the situation court security staff may try and let you know when the coast is clear. In some courts there is a side or back exit that court staff will arrange for you to use if you are worried. Even though the hearing is private it is fine to travel to and from court with a friend or family member who can wait in the court building whilst the hearing is going on.

Once you have left the Court building you should contact the police immediately if someone is following, intimidating or threatening you.

GIVING EVIDENCE

Many cases are dealt with without anyone having to give evidence, but sometimes it is unavoidable. If you do have to give evidence but are worried that you will be too frightened or too scared to speak openly in front of the other person then you should ask the Judge about Special Measures (See here). Giving evidence under special measures could involve you giving evidence from behind a screen or via a video-link so they don’t put you off by making eye-contact with you or pulling faces.

CONCERNS FOR THE SAFETY OF A CHILD

If you are concerned about the safety of a child you should raise this with the CAFCASS officer when they first contact you and/or Judge during a court hearing.

If the child is not in your care but you are concerned they are at risk of harm you could contact social services (in Bristol by calling First Response) or Police, but if CAFCASS are involved you should notify them also.

If an urgent matter that occurs between court hearings then you should raise it with the police and/or Social Services immediately.

ABDUCTION

If you are concerned that an ex-partner may try to remove a child from your care you can apply to court for an urgent Prohibited Steps Order. A Prohibited Steps Order will prevent one or both parties from removing a child from the care of the other and/or from England & Wales.

If you think that a child is just about to be abducted you should also contact Police who may be able to set up a Port Alert.

You can find out more about child abduction the Reunite website, including details of their advice line and from the Child Abduction Unit on .gov.uk : Find help to get your child back from abroad or arrange contact.

WHAT IF I NEED SUPPORT AT COURT

There are all sorts of different kinds of support for people who have to go to court – ranging from having a lawyer representing you, to having a friend or supportive person sitting with you in the court room or waiting area for moral support or to remind you of things you are worried you might forget.

The court is a public building and you are allowed to take a friend or family with you to court. Family Court hearings are usually private, but if you don’t have a lawyer you will usually be able to take someone into court with you to give you quiet moral support, to help take notes, and generally to assist you – without speaking on your behalf. This is called a “McKenzie friend”.

McKenzie Friends
You can read more about McKenzie friends in guidance issued by the Courts here. A McKenzie friend might be a friend, a family member, someone from a voluntary organisation or in some cases may charge for their services.

It is a criminal offence for someone who is not a lawyer to “conduct litigation” or to act as an advocate unless the court has given permission. Lawyers are required to have indemnity insurance and to meet other requirements of practice, which do not apply to providers of McKenzie friend services, who are unregulated.

In Bristol the Family Court asks McKenzie friends to complete this form. If you have a McKenzie friend you could bring it to court with you already completed – or even better you could send it to the other person involved in the case (usually your ex) in advance of the hearing to save time.

For more information about McKenzie Friends see our F.A.Q. What is a McKenzie Friend?

Other organisations or people who might support you

If you have an IDVA, support worker, key worker or social worker (for example if you are working with a drug or alcohol support service, community mental health service or domestic abuse service) it is likely the court will allow them to come into court with you but not speak on your behalf.

Extra Support (including special measures)

If you have a disability and require an adjustment, if you are fearful for your safety and require special arrangements for attending court (such as separate waiting room, entry through a separate entrance, screens or video links), or if you need an interpreter you can read more here.

As and when legal advice

Lots of people can’t afford to pay for a lawyer to advise and represent them throughout a case. Some people manage without having a lawyer run their case by paying for a little bit of advice here and there, or by asking a lawyer to do specific tasks for them from time to time. This can make representing yourself at court more manageable. Some people prefer to do the preparation themselves but pay for a lawyer to represent them at the hearing. We have provided some information to help you work out if and when you need a lawyer or not here.

I have a disability that requires some adjustment to be made

Most courts have hearing loop facilities and you can check the information for local courts here. If you have a sensory impairment that means you are better able to hear or see if you sit at a particular angle or in a particular location just let the court staff or the judge know before the hearing or at the start of the hearing.

Most courts have accessible entrances for those with mobility impairments.

If you require some other adjustment you should contact the court in advance of the hearing.

I need an interpreter

The Court will usually provide an interpreter but you must let the court know in advance so that they can book an interpreter who speaks the right language.

I am fearful and need special arrangements for my safety

If you have been the victim of domestic abuse, you can ask the court staff in advance of the hearing if you want to enter the court through a separate entrance or if you need a separate waiting area.

If you do not feel able to be in the courtroom with your ex because of domestic abuse you can ask the court for “special measures” so that you can participate in hearings. This might include using screens so you can be in the courtroom but feel less intimidated, or you attending via videolink from a secure part of the court building. Sometimes this happens for the whole hearing and sometimes just whilst you are giving evidence. You will need to make an application to the court in advance of the hearing so that a decision can be made about this and arrangements put in place. Use form C2 if the case is about children or form FP1 if not.

You will usually be allowed to bring your support worker into court with you.

Use form C8 if you need to keep your address confidential.

I CANT AFFORD A LAWYER.

You don’t have to have a lawyer to go to court. You can represent yourself throughout your case or be represented and advised by a lawyer.

Alternatively, you may seek some advice from a lawyer from time to time, or may be represented just at particular hearings – depending on what you can afford (or whether you can get legal aid).

Not everybody need a lawyer, and not everybody can manage without. Whether you need a lawyer, and how much help you need from them will depend upon things like:

  • how complicated your case is,

  • what other support is available to you, and

  • how able you feel to manage your case on your own.

However, there is no substitute for proper legal advice or representation – and there are some difficult legal areas where legal advice and / or representation would be sensible.

If you decide you need a lawyer you can find out more about them and how to find one here.

If you do decide to represent yourself, other sections of this website will give you basic information about how the courts work, where they are, what to expect at a court hearing, what support is available, and links to other useful resources. Use the left hand menu or search box at the top of the page to find what you need.

Types of lawyers

There are various types of qualified lawyers. The ones you are mostly likely to encounter are:

  • solicitors

  • barristers

  • Legal Executives

  • Paralegals

Solicitors can handle your case from start to finish, including sorting out legal aid and dealing with paperwork, and some may carry out the advocacy (speaking for you in court) themselves. If you are instructing a solicitor in a family law matter it is a good idea to see if you can find one who is a member of Resolution and who is Accredited as a specialist by either Resolution or the Law Society. Resolution members must agree to stick to their code of practice, which says they will deal with disputes in a non-confrontational and constructive way and encourage agreements.

Legal Executives are qualified lawyers who have followed one of the routes to qualification established by the Chartered Institute of Legal Executives. Legal executives usually specialise in an area of law as do solicitors, which means the everyday work of a Legal executive is very similar to that of a solicitor. Many are additionally qualified and skilled as advocates. Nowadays Legal executives may be partners in their law firms.

Barristers are primarily advocates. They are usually instructed by a solicitor on behalf of someone involved in a court case to deal with the hearings, and sometimes to advise on how strong your case is or what steps should be taken. Barristers can sometimes be instructed directly without you paying for a solicitor too, and this is called public access. If you instruct a barrister this way you generally need to be able to deal with all the paperwork and correspondence that a solicitor would normally do. You cannot instruct a barrister through public access if you have legal aid, but your legal aid solicitor can instruct a barrister for you if appropriate.

Paralegals are qualified by experience and training to provide support and assistance in law firms but who have not qualified as barristers, solicitors or legal executives.

People are often confused about the difference between barristers and other sorts of lawyers. Although there is quite a lot of overlap between their role and those of other sorts of lawyer, they do carry out different tasks. For more detail on this see our F.A.Q. on the topic.

Legal executives, solicitors and barristers are increasingly able to offer “ad hoc” advice and representation here and there, and will agree to work at fixed or capped fees – so you can control how much you spend.

If you think that you need a lawyer there are several places you can go to find one local to you, who has the right expertise and offers the services you need. We don’t recommend individual lawyers or firms on this website, but we can point you in the direction of directories or listings of lawyers so you can choose for yourself.

Cost

Free legal services and legal aid are unfortunately very limited. Bristol CAB provide a free email only advice service run by law students, and the Bar Pro Bono Unit provide free representation. However each have a turnaround time of several weeks. See also services at court in this area. Some solicitors offer initial free half hour appointments. Many law firms and barristers are able to offer fixed or capped fees, and in some instances reduced hourly rates. Alternatively, some lawyers are happy to be instructed just for some key stages or steps in your case, rather than the whole way through. You should shop around and ask what fee arrangements each lawyer / firm can offer you to best suit your budget.

Finding a lawyer

To find a solicitor to instruct search the Law Society database here.

To find a solicitor who is a member of Resolution (an association of Family Lawyers) search their database here.

If you need a solicitor who undertakes legal aid you can search the database on the Justice website here, or you may find that your local court will be able to give you a list of all the local firms that do legal aid work. If you are not sure whether or not you qualify for legal aid read “Can I get legal aid?” here.

To find a legal executive you can search the database here.

To find a barrister to instruct directly through Public Access (without a solicitor) you can search on the Bar Council website here.

To find a barrister or barristers’ chambers (to instruct directly or through a solicitor) search the Bar Directory here.

You can also find a list of local Barrister’s chambers on the Western Circuit website here.

To check a solicitor’s disciplinary record check the Solicitors Regulation Authority here.

To check a barrister’s disciplinary record check the Bar Standards Board here.

 Legal aid

Legal aid can help you pay for legal advice, legal representation (and mediation, which is covered here).

For some cases, legal aid is free. If your income is low but not quite low enough, you may have to pay a regular contribution towards the cost.

There were major changes to legal aid made in 2013. To access legal aid, you will need to show that you meet a means test (your income and capital must be quite low), that your case is strong enough (this is called a merits test) and that your case is covered by legal aid (this is called scope).

For most disputes between parents or extended family members, for example about where your child lives/when you see your child, and for disputes about finances when you divorce, legal aid is only available where there is evidence that you are a victim of domestic violence or that the child is at risk of abuse from the other person involved.

If you are a parent (or someone who holds parental responsibility for a child, for example a grandparent with a residence or special guardianship order or a child arrangements order that says the child should live with you) and social services begin court proceedings about the child called “care proceedings” you will be automatically entitled to legal aid regardless of your income. See more here.

If you need to seek an injunction to protect you or your child from domestic abuse, violence or harassment you may qualify for legal aid as long as you meet the means test (the means test is not so strict for injunction cases). See our page about making sure you are safe at court. See also the Advicenow video and accompanying materials about applying for an injunction here.

In cases where your child is at risk of being abducted to another country or has been abducted to another country you may qualify for legal aid as long as you meet the means test.

Some people can also obtain something called “Exceptional legal aid” but this is very difficult to apply for and very difficult to get. It is meant to help people for whom the court process cannot be made fair without them being represented – for example where people really need the help of a lawyer either because the case is so complicated or serious, or because they have a particular difficulty in representing themselves. If you think you might qualify for exceptional legal aid you will probably need to find a solicitor willing to help you fill in the application, or you could ask the Public Law Project for help.

For more information about when legal aid is available see the Citizens Advice web page here or the Legal Aid Checker on the Justice website here.

To apply for legal aid, you will need to find a solicitor who does legal aid work. Your solicitor will need to fill out some forms with information provided by you. If it is an emergency, a solicitor may be able to obtain emergency funding before these forms are completed. You will need to give your solicitor documents to submit with your form, such as evidence of your income and savings. You can see the application forms here.

If you can’t get legal aid you may be able to get some limited free help or advice – see I need a lawyer and My local family court.

CAN I TALK ABOUT MY CASE?

Family cases are private and there are quite complicated rules about what information can be published about your court case. If they are broken you or the person publishing the information can be punished by the court, including by being sent to prison. This doesn’t happen often but it does happen sometimes so it’s best to check first. Publishing can mean lots of things – for example it can include facebook updates or emails and not just reports in a newspaper.

You are allowed to tell your lawyer about your case. You are allowed to tell another person about your case if it is necessary in order to get confidential advice and support about your case. That person must not pass information on to any other person and you must check they understand this.

You can show a medical professional or therapist a court report about your or your child in order to obtain therapy or treatment for yourself or your child.

Apart from those examples you should generally not be passing information about your case to people not involved in it.

The press are usually allowed to attend hearings (although they don’t very often come to court), but there are restrictions on what can be reported. Even if the press are allowed to report a case the names will usually be changed for initials.

You should read the court leaflet EX710 “Can I talk about my case outside court? A Guide for Family Court users” and EX711 “Can the media attend my court case?”.

You could also read this post on the Child Protection Resource site and this one on the Pink Tape blog.