WHAT IS FORM FP9 USED FOR?

Form FP9 is completed by an adult so they can become a litigant friend. A litigant friend is someone who –

• is helping a person under 18 years of age to make an application to the family court or to attend a family court hearing and conduct court proceedings on their behalf.
• will also do this for an adult who does not have the mental ability to complete court forms and attend court. This adult is called a protected party.

In order to become a litigant friend, you must complete form FP9 and send it alongside the court form the person you are acting as a litigant friend for is sending to the court. 

A litigant friend can be a family member, a solicitor, a friend, a person with power of attorney, or an advocate.

A litigant friend is not a party to the proceedings, they are conducting the proceedings on behalf of the child or protected party. They must conduct these proceedings competently and fairly. They can give instructions, talk to a solicitor if required, make decisions, and keep the child or protected party informed. 

A litigant friend will undertake/agree to pay the ordered court costs for the child or protected party subject to any right they may have to be repaid from the assets of that person. 

A litigant friend must also have no interest adverse to those of the person they are acting as a litigant friend for.

This form FP9 does not need to be completed if you have the authority as a deputy under the mental capacity act 2005 to conduct the proceedings in the name of the protected party or on their behalf. 

ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM FP9?

There are no specific government guides for this form at present.

WHAT IS THE FEE TO SEND FORM FP9 TO THE COURT AND HOW TO PAY FOR IT?

There is no fee to submit this form to the court. 

HOW TO COMPLETE FORM FP9 AND WHERE TO SEND IT.

If you are acting as the litigant friend for a child, a copy of your form FP9 must be served to the parent, guardian, or carer of the child or the person the child lives with. 

If you are acting for a protected party (an adult who does not have the mental ability to complete court forms and attend court), a copy of your form FP9 must be served on the person who is the attorney or a registered enduring power of attorney, donee of a lasting power of attorney or deputy of the protected party. If no person has such power, then your form FP9 must be served to the person with whom the protected party resides or in whose care the protected party is.

You can do the above but please check with the court because they should/will serve a copy of your form FP9 to every person that should be served.

The words to ‘serve your ex-partner or other party’ means that they should be given or receive a copy of your application form and any associated court documents that require them to be informed, respond, comply with directions or attend court.

• NOTE 1 – The person who submitted the initial form to start court proceedings is called the applicant. The person whom the court proceedings is against is known as the respondent. You should be aware whether you are acting as a litigant friend to the applicant or respondent in the proceedings. 
• NOTE 2 – You can complete this form online and then print a hard copy. Alternatively you can download it, print it and then complete by black pen. 
• NOTE  3- If you find there is not enough space to complete your answers on your form then please use additional sheets of paper to continue on and attach them to your form. Please write your name, address and question number on the top of your additional sheets of paper. 
• NOTE 4 – As stated above please check with the court whether they will or you should send your completed form FP9 (serve) all the parties that should be served. If the court will do this then please send them at least 3-4 copies of your form FP9, any evidence and attachments. The court will distribute the copies accordingly. One copy is required for the court and one for each party in the proceedings.
• NOTE 5 – Please keep a copy of your form FP9, all evidence and attachments for yourself outside of the ones you send to the family court.
• Form FP9 is 2 pages long.
• In the box on top right hand side of your form FP9 please write the name of the court that is hearing the proceedings and the case number.
• You will be asked on page 1 whether you consent to act as a litigant friend for the applicant or respondent in the court proceedings. If the person you are acting as a litigant friend for is making the application to the court, they are the applicant and the other person is the respondent. You have to know who you are helping. Please write the name of the  applicant/respondent in the space provided.
• You then need to tick the box whether the person you are acting as a litigant friend for is a child or a protected party. You must give your reasons why you believe this person is a protected party on page 2. If you have any medical evidence you must attach it to your form FP9. 
• You must read the next two statements on page 1 and then write your full name in the space provided. Please tick the box which states your title.
• Next you will be asked to write the address to which documents in this court case are to be sent. This will probably be either your home address or you office address. Please do this in the space provided.
• The on the bottom right hand side of page 1 you will be asked to sign and date the form.
• Page 2 will ask you to write down all the reasons why you believe that the person who are acting as a litigant friend for is a protected party.  
• As stated above all parties connected with the case must be served with a copy of form FP9.

WHERE CAN YOU FIND FORM FP9/DOWNLOAD THIS FORM?

Please click on the link below to download form FP9 from the government website. Please complete and send by post (signed for recorded delivery).

LINK TO GOVERNMENT WEBSITE FOR FORM FP9

WHEN WAS FORM FP9 FIRST PUBLISHED AND LAST UPDATED?

Form FP9 was first published by the government (HM Courts & Tribunals Service) on 01-11-2008