The Family Court – An Overview 

The Family Court can be daunting for couples, especially children. The experience for children and couples using the court has been the subject of review over the past few decades and the Ministry of Justice has been working on making the system more accessible and less intimidating. 

This article provides you with a short overview of the Family Court to help you better understand what it does and how it works. 

What types of matters does the Family Court deal with? 

The Family Court deals with public cases (against authorities and governmental bodies) and private cases (between couples and about personal matters such as financial and childcare issues). Typically, public cases include matters that protect children from harm and deal with care proceedings. Private cases deal with divorce and separation, maintenance payments, domestic violence, non-molestation orders, and occupation orders. If your case is complex and/or involves allegations of international child abduction, forced marriage, or similar, it may be heard in the Family Division of the High Court. 

Who decides outcomes; who are the judges? 

Judges in the Family Court are experienced Family Law practitioners who have extensive knowledge of the legal system and the law. 

A judge is a professional who is tasked with making decisions about your case and will base their decisions on the evidence that they hear and the law that applies to the facts. The judge will be assigned a case based on their level of knowledge, the type of case, and its complexity. Judges will make decisions based on the balance of probabilities (whether something is more likely to have happened or not). 

What happens during Family Court proceedings? 

The key aim for a judge is to assess and make decisions based on the information provided and the applicable laws. There are usually two main parties (people involved in the case) and sometimes others. Where children are involved, they are referenced anonymously and will have a legal representative. If you have a lawyer, they will manage your case, attend your hearings, write correspondence, and provide advice and guidance as your matter proceeds. If you do not have a lawyer, we can be instructed to provide this support without needing a lawyer under the Direct Access scheme. Contact us to find out more. 

What is the role of the Parties in Family Court proceedings? 

The role of the Parties is to prepare the paperwork, which includes all the information, and evidence to support your claim or defend your position. You must be truthful and provide answers without misleading the court otherwise you can be penalised for not acting reasonably or in a way that prevents the court from fulfilling its function. 

What is the role of the Judge in Family Court proceedings? 

The judge will oversee the case and direct what will happen, in which order, and the timeframe. You may find that you have to attend hearings in person or your case may be heard remotely, and some cases are dealt with on the papers (without the need to attend hearings and give evidence). Your case will be subject to a timetable, and this will be set out in official court documentation. This must be adhered to, and you will be under strict deadlines to submit documents, respond to claims, and disclose information. 

Is the Court’s decision private? 

Family Court cases are not strictly private. Whilst the vast majority of cases will not be in the public domain, cases are open to be reported by official reporters under the Family Court Transparency Pilot, which you can read more about here. The pilot does not operate in all courts and the anonymity of children will always be of paramount importance. 

Top tips for using the Family Court 

If you are involved in a case that is being heard by the Family Court, there are some ways in which you can make the experience less daunting: 

1. Visualise and walk through how the day may work. If you are attending an online hearing, practice logging in and get familiar with the technology. If you are attending an in-person hearing, know where you are going and ensure that you arrive in good time to familiarise yourself with your surroundings. 

2. Be prepared. Have all your documents, evidence, points to argue and how you will answer questions at the ready. Think of how your opponent is likely to present their case and what you would say in response to their arguments. 

3. Understand the system. Research and understand how to refer to the judge and other professionals. Be confident about the timetable your expectations, and what is expected from you. 

4. Know your timetable. Write on a calendar or add reminders on your phone to mark key dates and what needs to be done. Ensure that you do not leave actions to the last minute and work with your lawyer (if you have one) to deal with submissions, responses, and sharing documents promptly. 

5. Ask questions. Working with your lawyer or other experts provides you with an opportunity to find out key information and ensure that you are fully prepared. Ask them to talk you through the process and what you need to do and how best to work together. 

If you are looking for a legal advocate or professional advice for your matter, please contact our team for a confidential discussion on 0800 294 2077 or by email via sima@newhallchambers.co.uk