Litigant in Person in Family Court UK: A Comprehensive Guide to Representing Yourself

What is a Litigant in Person in Family Court UK?

In England and Wales, a litigant in person (LiP) is someone who represents themselves in court proceedings without a solicitor or barrister. Many parents become litigants in person in family court, often due to costs or unavailable legal aid. Whether you’re applying for a child arrangements order, addressing contact issues, or responding to an application, understanding the process will help you approach your case with confidence.

Understanding Your Role as a Litigant in Person

As a litigant in person, you are responsible for preparing your case, submitting documents, and speaking for yourself in hearings. While this may feel overwhelming, with clear guidance and good preparation, many parents successfully represent themselves throughout the process.

• Rights and Duties: You have the same rights to be heard as a represented party. The court must ensure fair treatment and explain procedures.
• Support: You can bring a McKenzie Friend for quiet support and note-taking (not formal representation).

Starting a Family Court Case: Step-by-Step

1. Consider Alternatives First

The court expects parties to attempt mediation before applying, unless there are safeguarding or urgency concerns. Look into a Mediation Information and Assessment Meeting (MIAM) unless exempt.

2. Choose the Right Application

• Child Arrangements Order – For decisions about where a child lives or spends time.
• Specific Issue Order – To resolve a particular dispute (e.g., schooling, medical treatment).
• Prohibited Steps Order – To prevent an action concerning the child without your consent.

You can find forms such as C100 (for child arrangements) or Form A (for finances after divorce) on GOV.UK. CourtCraft Advocate has guides on filling in these forms clearly.

3. Prepare and Submit Your Application

1. Download and fill in the relevant form, ensuring all sections are completed.
2. Pay the court fee or apply for a fee remission using form EX160 if eligible.
3. Submit your application to the Family Court (either online or to the correct physical court).
4. Keep copies of everything for your records.

4. Serve Papers Correctly

Once issued, the court will tell you how and when to serve the papers on the other parent/party. Follow all court instructions, and retain proof of service.

5. Receiving Court Orders and Instructions

You will receive a Notice of Hearing, allocation forms, or court directions. Follow any deadlines strictly, and reach out to the court promptly if you are unsure about any instructions.

Attending Family Court as a Litigant in Person

Before the Hearing

• Organise your documents in a clear, labelled folder – court bundle if required.
• Prepare a simple chronology of key dates.
• Make notes of what you wish to say (your main points).
• If using a McKenzie Friend, notify the court in advance.
• Read all court guidance – see Family Procedure Rules (FPR).

On the Day of Court

1. Arrive early with all documentation and identification.
2. Check in with the court usher.
3. Listen carefully to the judge and other parties; do not interrupt.
4. Speak clearly when asked. Address the judge as “Sir” or “Madam”, or just “Judge”.
5. Stick to facts and the best interests of the child (Children Act 1989 applies in children matters).

Types of Family Court Hearings

• First Hearing Dispute Resolution Appointment (FHDRA): The initial meeting for most child arrangements cases, focusing on identifying issues and seeing if agreement is possible.
• Directions Hearings: Deal with case management, paperwork, or urgent concerns.
• Dispute Resolution Appointment (DRA): May involve further negotiation or prep for final hearing.
• Final Hearing: Judge hears all evidence and makes an order if there is no agreement.

Gathering and Presenting Evidence

What Evidence Can You Use?

• Written statements (signed and dated).
• Relevant correspondence (emails, messages, letters).
• School reports, medical letters (if relevant and allowed).
• Chronology and evidence of past arrangements.

Disclosure and Confidentiality

Only share your evidence as instructed by the court. Do not share confidential reports (like CAFCASS reports) with anyone outside the proceedings as it may be contempt of court.

Preparing Your Statement

1. State facts, not feelings. Focus on the child’s welfare.
2. Number your paragraphs and use dates.
3. Refer to evidence (attach as exhibits if allowed).

Practical Tips for Litigants in Person

• Stay Organised: File all paperwork and keep to deadlines.
• Ask for Clarification: The judge or court staff can explain processes but not give legal advice.
• Be Respectful: Remain calm and polite at all times, even if proceedings are stressful.
• Seek Practical Support: Platforms like CourtCraft Advocate offer guidance, templates, and resources specially for parents acting as litigants in person.

Your Rights in Family Court as a Litigant in Person

The judge should ensure you understand the process and are given a fair chance to have your say. You can:

• Request for instructions or orders to be explained in plain language.
• Have reasonable time to speak and present your case.
• Apply for special measures if you feel vulnerable, such as remote hearings or separate waiting rooms.

After the Hearing: What Happens Next?

Receiving the Order

The court will send you a copy of the order made, either immediately or by post. Read it carefully to understand exactly what needs to be done and by when.

If You Disagree with the Order

You may be able to appeal if there has been a clear legal error or procedural unfairness. An appeal is not a re-hearing but a review of the decision-making process. Take advice before pursuing this route if possible.

Enforcing an Order

If the other party fails to comply, you can apply to enforce the order. Use the relevant form (such as C79 for child arrangements) and provide evidence of breaches.