Can I represent myself in family court?

Yes. In England and Wales, you can represent yourself in the family court without having a solicitor or barrister. A person who represents themselves is usually called a litigant in person.

For some people, representing themselves is a choice. For others, it may be because they cannot afford legal representation or do not qualify for legal aid. Whatever the reason, being a litigant in person does not mean that you are less entitled to participate in the proceedings or have your case heard.

The family court process can nevertheless be complicated. Understanding what representing yourself involves can make the process feel less unfamiliar.

What does representing yourself mean?

If you represent yourself, you are responsible for your own case rather than having a solicitor or barrister conduct it for you.

This can include communicating with the court, completing forms, preparing documents, attending hearings and explaining to the court what you are asking it to decide.

You will still be expected to follow the court's directions. Directions are instructions made by the court about what needs to happen in the case, such as providing particular information or preparing evidence.

The court's official guidance confirms that people can represent themselves in family court proceedings. (GOV.UK)

Do I need a lawyer?

Not necessarily.

Whether having a lawyer would be helpful depends on the circumstances of the case. Family proceedings can range from relatively straightforward disagreements about arrangements for children to cases involving allegations of domestic abuse, safeguarding concerns, complex evidence or several different legal issues.

A solicitor or barrister may provide specialist legal advice and representation, but representing yourself is a recognised part of the family justice system.

You may also be able to get some legal help without having a lawyer conduct the entire case. For example, some legal advisers offer one-off consultations, and there are organisations that provide information or support to people representing themselves. (GOV.UK)

What are you responsible for?

As a litigant in person, you will generally need to keep track of your own case.

Depending on the proceedings, this might involve:

• completing court forms;
• reading orders and directions made by the court;
• preparing statements or other evidence;
• keeping copies of important documents;
• communicating with the court and other parties;
• attending hearings;
• explaining your position to the judge or magistrates; and
• complying with deadlines and other requirements set by the court.

The exact requirements will depend on the type of proceedings and the directions made in your particular case.

This can feel like a lot, particularly when you are also dealing with the underlying family dispute. It is worth remembering that you do not need to understand every part of the family court system on day one.

Can someone help me?

Yes. A litigant in person can sometimes have assistance from a McKenzie Friend.

A McKenzie Friend is a person who can provide practical support, such as taking notes, helping with papers and quietly providing advice. They do not normally have the right to speak to the court on your behalf, question witnesses or conduct the litigation for you. You remain the litigant in person. (Courts and Tribunals Judiciary)

The court can also make arrangements concerning participation in hearings where a person has particular needs. The precise arrangements will depend on the circumstances and any directions made by the court.

What if the other person has a solicitor?

It is possible to find yourself representing yourself while the other party has a solicitor or barrister.

That can feel intimidating, but having legal representation does not mean the other party automatically gets what they are asking for. The court still has to consider the issues before it according to the law and the evidence available to it.

You should also avoid assuming that you need to copy the other side's style of legal writing. Clear, organised and relevant information is generally more useful than trying to make documents sound complicated.

What if I make a mistake?

Family court procedure can be unfamiliar, and mistakes can happen.

If you do not understand something in a court order or a direction, it is important not to simply assume what it means. You may need to obtain appropriate advice or ask the court about procedural matters where that is permitted.

The court may also give further directions as a case develops. A case is not necessarily ruined because you do not understand every procedural step immediately.

However, court orders and deadlines should be taken seriously. If something is unclear or you think you may not be able to comply with a direction, the appropriate way of dealing with that will depend on the circumstances and the court's rules and directions.

Can I get help without handing over my case?

Yes. There is a difference between getting support and being represented.

You might use official guidance to understand the process, speak to a legal adviser for advice on a particular issue, or have a McKenzie Friend provide practical support.

Some people also use free support organisations. GOV.UK currently identifies services including AdviceNow and Support Through Court as sources of help for people representing themselves. (GOV.UK)

The important point is that support does not necessarily mean somebody else takes control of your proceedings.

Is representing yourself right for me?

There is no single answer that applies to every family court case.

Some cases may be manageable for a person who is organised and able to understand the relevant procedures. Other cases may involve issues where obtaining professional legal advice could be particularly valuable.

If you are considering representing yourself, it can help to understand what the process involves before deciding how much assistance you need.

You do not have to become an expert in family law before starting. But you should understand the nature of the proceedings, what the court is being asked to decide, what documents you may need to prepare and what responsibilities come with being a litigant in person.

---