If you are representing yourself in the Family Court, there are some key elements that should be considered, and in this article, I shall explore these to help you be ready and present yourself in the best possible way.
Self-representation is often referred to as being a Litigant in Person (LiP) and essentially means that you are running your own case and speaking to the judge instead of a lawyer or other advocate doing this on your behalf. However, LiPs can still access support from other professionals to help with aspects of their case, if needed.
If you are a LiP, it is important to be fully prepared and understand your role in presenting your case and dealing with questions and points raised by the other side. This means fully reading documents that are provided to you, such as CAFCASS reports, position statements, Section 7 Reports and other evidence provided by each person involved.
Before the Hearing
Review Evidence
You will need to gather your own evidence to support claims and your position. Evidence can include any of the following:
- Emails and letters or messages
- Agreements
- Photographs
- Other cases that support your position
- Witness statements (written accounts of a situation that are signed by the individual and a professional)
Legal Research
You will need to understand the law, cases which support or are against your points, relevant regulations, and be prepared to explain why these help your position, and show an understanding of where you may need to limit your arguments or show that recent case law does not apply in your situation. Lawyers will respect that not all cases help their clients and will think about how to advance their arguments whilst still referencing relevant law or regulations.
Prepare your Case
Using the findings of your legal research and review of the evidence, you will need to prepare your case. This will need to be set out so that each point you raise has something to support it. You will also need to address all points raised by the other person and provide evidence, law or other substantive reasoning to show the judge that these should hold less weight than your points.
Case preparation includes completing documents such as your claim form, responses, and supporting paperwork.
Work on the arguments of your case until you can put them into bullet points for you to reference clearly and with confidence. Know where each of your evidence is and where the judge can find it in the documents. Make it easy for the judge to find everything and cross-reference your arguments to your evidence.