I AM L.I.P

I AM L.I.P

I am a Litigant In Person

Knowing Your Rights In
The Family Courts

 

We wrote this Help Guide because, very often, litigants in person would find out ‘after the court hearing’ that they were entitled to this help or that help or they were entitled to ask for this or that. But they didn’t know at the time. And by the time they found out it was too late. You would think the professionals who work in the legal profession would tell you, but nobody has the time and inclination to. 

Although there are many litigants in person now, we feel the legal profession have not accommodated them. It is just assumed that the litigant in person will know what to do when arriving in court, how to behave in the court room, or how to write a statement, to name a few examples. Knowing your rights as a litigant in person is very important because it gives you strength and power when dealing with a stressful and new situation, such as going to the family court to sort out child arrangements.

Below we have given you 10 things you should know about, you may be entitled to and are available for you. 

1) YOU CAN ASK FOR A SCREEN BETWEEN YOU AND YOUR EX-PARTNER IN THE COURT ROOM

It will be up to the judge/magistrate, but if you are a victim of domestic violence, then you should be granted the screen. 

You can ask for this by emailing the court a week before the hearing and mark the email URGENT in the subject line. Remind the court staff/usher when you arrive at the court that you require one and they should arrange it.

Some court forms have sections where they will ask you to tick the box and provide details if you need a screen or a separate waiting room. Some examples are – 

FORM C79 – Section 10 page 13 on form C79 (form used to enforce a child arrangements court order) asks you questions about  any special arrangements you need the court to make when you attend court. If you do please tick the relevant box and provide details where asked and the court will take your ask into consideration. But you will still have to email or call the court a week in advance of your hearing to make sure these arrangements will be in place on the day.

LINK TO OUR L.I.P HELP GUIDE FOR FORM C79

FORM C100 – Section 10 on page 15 of form C100 (the form used to start the court process for child arrangements) will ask the same as above.

LINK TO OUR L.I.P HELP GUIDE FOR FORM C100

FORM C1A – Section 7 on page 7 of form C1A (form used to detail allegations of harm and domestic abuse) will ask you whether you INTEND to ask the court to make special arrangements for the following list below. You will need to tick the relevant box. However, you cannot leave it there, you must email or call the court in advance of your hearing to discuss if your requests can be arranged. Filling in the form is not enough.

  • Separate waiting room
  • Separate exit and entrances
  • Screens
  • Video links
  • Separate toilets
  • Advance viewing of the court
  • Interpreter
  • A disability for which special assistance of special facilities is required
  • A sign language signer

LINK TO OUR L.I.P HELP GUIDE FOR FORM C1A

2) YOU CAN ASK TO WAIT IN A SEPARATE WAITING ROOM, HAVE A SEPARATE EXIT AND ENTRANCE TO THE COURT AND SEPARATE TOILETS

Again, you can email the court a week earlier and mark the email URGENT in the subject line. Ask again when you arrive at the court. It is up to the court whether they can offer you a separate waiting room, separate exit and entrances and separate toilets. Sometimes the court doesn’t have the facilities or sometimes there are not enough separate waiting rooms for all the cases being heard that day.

3) YOU CAN ASK TO HAVE A McKENZIE FRIEND WITH YOU IN COURT

You can email the court a week in advance and ask if you can have a McKenzie friend with you in the court room. Complete the McKenzie friend form and attach it to the email. The court administration department will ask the judge/magistrate for you. You can also ask on the day. Please take a few copies of your completed McKenzie friend form to the court with you to hand to the usher and your ex-partner or their barrister. 

LINK TO OUR L.I.P HELP GUIDE TO ‘WHAT IS A McKENZIE FRIEND?’

LINK TO OUR L.I.P HELP GUIDE FOR McKENZIE FRIEND FORM

4) YOU CAN ASK THE JUDGE TO ASK YOUR EX-PARTNER TO REMAIN IN THE COURT UNTIL YOU LEAVE THE COURT BUILDING

If at any time you feel in danger that your ex-partner will follow you into the car park outside the court, you can ask the judge to ensure that your ex-partner remains in the court until you leave the court room and have left the premises.

5) YOU CAN ASK THE JUDGE/COURT IF YOU CAN ATTEND THE HEARING VIA VIDEOLINK

You must have special reasons for this. An example of this can be that you have post-traumatic stress disorder and being near your ex-partner will trigger a negative response in you. You must support your claim with a GP or hospital letter.

6) YOU CAN ASK THE JUDGE TO NOT LET YOUR EX-PARTNER QUESTION YOU IN COURT, BUT INSTEAD HAVE THE JUDGE ASK YOU THEIR QUESTIONS

You can request this if you are scared of your ex-partner or there has been domestic violence in the relationship. The judge should consider this request. Please click on the link below to read the government guidelines concerning this matter.

LINK TO GOVERNMENT FACT SHEET FOR CROSS-EXAMINATION IN FAMILY PROCEEDINGS.

As of 21-07-2022 many court forms such as form C7, C100, form A, C2, C1, D11 and Fl401 now contain a statement that is two paragraphs long. The paragraphs are about the questioning of a victim of domestic violence or a witness by the alleged perpetrator or the questioning of an alleged perpetrator by the victim. If your case involves domestic violence and your court hearing is one where you or your ex-partner will give oral evidence then the court may send forms EX740 (the party making the abuse allegation) and EX741 (the party accused of abuse) to you and/or your ex-partner along with the court order informing you of the date of the oral hearing. You and/or your ex-partner will need to complete forms EX740 and EX741 and return them to the court. Once the court has one or both of these forms then the court can consider whether to prevent the questioning or cross-examination in person of either party by each other. You can also make this application to the court by yourself if you DO NOT wish to be cross-examined by the perpetrator or the accuser.

LINK TO OUR L.I.P HELP GUIDE FOR FORM EX740

LINK TO OUR L.I.P HELP GUIDE FOR FORM EX741

7) YOU CAN ASK THE COURT FOR A FOREIGN LANGUAGE INTERPRETER OR A SIGN LANGUAGE INTERPRETER.

The court will pay for this. Please make this request by email, phone call, or by a recorded letter weeks in advance of the hearing. Check with the court a few days in advance that this has been arranged. Please inform the court at this initial stage that they must arrange an interpreter for each subsequent hearing. Do not assume the court will automatically do this.

Some court forms will ask you if you need any help with an interpreter whilst attending court. Form C100 (the form used to start court proceedings for child arrangements) will ask you this in section 10 page 15. Please complete the relevant part and give details where asked. The court will take this into consideration but please remind them a week before your court hearing by an email labelled ‘URGENT’, a few days before and on the day. 

8) IF YOU ARE DISABLED, YOU HAVE RIGHTS

Please email, call or write to the court by recorded delivery what requirements to have to attend court. You can ask for adjustments, such as wheelchair access or hearing aids. The forms you send to court often do have a section where you can note down your disability requirements. The court should take note of this, but still contact them to make sure.

Some court forms will ask you of your disability requirements whilst attending court. Form C100 (the form used to start court proceedings for child arrangements) will ask you this in section 10 page 15. Please complete the relevant part and give details where asked. The court will take this into consideration but please remind them a week, a few days before and the day before your court hearing by an email labelled ‘URGENT’. 

9) YOU CAN ASK FOR AN ADVANCE VIEWING OF THE COURT

The thought of going to court can cause great anxiety. You can call or email the court in advance of your hearing to ask them for an advance viewing of the court so that when you arrive on the day you are calmer and familiar with your surroundings.

10) YOU CAN SPEAK TO THE ORGANISATION ‘SUPPORT THROUGH COURT’

Support through court were previously known as the PSU (the Personal Support Unit). It is a free charity based organisation usually located in the family court where child arrangements are heard. Support through court is there to help any person who is not legally represented in court. They can guide you, give practical and emotional support, and help you solve issues. However, they cannot give you legal advice. On occasion, they can attend court with you as a McKenzie Friend.

LINK TO WEBSITE FOR SUPPORT THROUGH COURT

LINK TO OUR L.I.P HELP GUIDE FOR ‘WHAT IS A McKENZIE FRIEND?’