HELP! I’m being taken to court / I need to apply to court – where to I start?
Like you, I never thought I’d have to see the inside of a court room, but now I see them several times per week! I’m here to help you feel a little less scared and unsure about the process of getting started.
It’s a daunting prospect, whether you’re being taken to court or whether you’re approaching the need to make an application but I can assure you that if you take it step by step then you ARE capable.
Will it be like on TV?
The first thing you need to get out of your head is what it will feel like in court. It’s not at all like you would imagine from having seen courtroom drama on TV and in film. For a start in family court no public are allowed. The proceedings involving children are not open to the public and are instead held in private. You won’t get details published in the newspaper as standard or anything like that either. You can pretty much rely on the fact that there will be between 4-12 people in the courtroom. There is never a jury – they are only used in the crown court, for criminal cases.
Who will be there?
The judge, or 3 magistrates and a legal advisor
You, and the other parent(s)
Representation / McKenzie Friend for you and / or the other parent
An usher or clerk
That’s it. Sometimes a CAFCASS officer or Social Services representative might be there. Sometimes other witnesses may be called. In EXTREMELY rare circumstances the child themselves may be called to give evidence. I can’t stress how rare and therefore unlikely this is. In the hundreds of cases I’ve assisted on this has only even been discussed in one case, and was categorically decided against.
So what do I do first?
OK, so let’s assume from the above that you’re feeling a bit more reassured that you can handle going to court. But we can’t make an application just yet. We have to be signed off by a mediator, unless exempt. I don’t intend to cover the mediation process in detail here as I’ve already done so in THIS blog post. Essentially, most people will need a signed MIAM certificate to progress to court. Indeed, an online application no longer lets you progress a C100 application without the certificate now. It may be that you do some mediation with the other party, it may be that you don’t. Again, please see the mediation guide.
Do I need to have a solicitor?
This is the time where this needs to be considered, but – no. Solicitors aren’t necessary for any part of the process. However, they are incredibly expensive. It’s a personal choice but it’s also a financial choice. A while ago I wrote a comparison guide for options regarding representation. These are ball park figures and will vary wildly by case length and also geographical factors ie London is much more expensive, but I will provide a summary.
How do I know what help each type of lawyer can provide?
Technically each type of lawyer can do all the parts of the others, but there are specialisms. For example, not all Solicitor do advocate (speaking for you) work. The Barrister is the expert in the courtroom, and are the best people for cross examination and arguing difficult points, for example. As a rule, the table below sets out who does what.
What are the various cost options for me to decide between?
Self Represent
Just the costs of the application (£232) plus a MIAM (£100 ish)
Total cost: around £350
Good for: Absolute budget option. You know the case better than anyone. Go for it!
Self Represent with a Mckenzie friend
Application costs, MIAM, and a Mckenzie Friend
Total cost: around £1500
Good for: Budget option but want to be informed on the process, procedure and speak for yourself in the courtroom.
Represented by Solicitor
Application costs, MIAM and solicitor at £250+VAT per hour
Total cost: around £30,000
Good for: When you have plenty of disposable income, and you have found a good solicitor-advocate for the courtroom.
Represented by Solicitor and have a Barrister for hearings
As above, but with a Barrister to cover the hearings
Total cost: around £40,000
Good for: When you have plenty of disposable income and want every base covered by professionals.
Self Represent and have a direct access Barrister
You do all the paperwork, but the Barrister speaks for you in the courtroom.
Total cost: around £10,000
Good for: If you know what you’re doing but don’t want to speak in court.
Self Represent with a Mckenzie friend and a direct access Barrister
The mckenzie friend advises you on what options are available to you at any given point, helps you with paperwork, but then the Barrister represents you in the court room.
Total cost: around £11,000
Good for: Getting a lot for your money – advice throughout, and the barrister packing a punch in the courtroom.
There are of course, extremes. It's not unheard of for some people to spend upwards of £100,000 or more.
Is there any help for people with low income?
Yes! There are reductions for this which can be applied for via the EX160 form. This gives you a code which you enter into your C100 form.
It is also possible to get assistance with mediation fees such as via the government mediation voucher scheme. You will need to ask a prospective mediator to apply for this for you.
Am I eligible for legal aid for representation?
Since 2012 legal aid has been restricted to only cases involving domestic abuse. In addition to this requirement any such legal aid application will also need to pass the means and merits tests. The means test is financial and checks that you cannot otherwise afford representation. The merits test is to check that the application has merits; ie it has a reasonable chance of being successful in court. To check eligibility for legal aid click HERE.
Which form do I need?
The vast majority of people will be applying via a C100 form but here are the most common forms you will need:-
C100 – make an application for child arrangements, specific issue order or prohibited steps order
C1 – apply for parental responsibility in the absence of an agreement
C2 – make an application once you’re already in proceedings
C7 – acknowledge that you have received court paperwork
C1A – raise safeguarding concerns
C79 – enforce an existing court order
C8 – application to keep address and other details private from the other party
How do I make the application?
If you have a solicitor then they will do this part for you and so you can skip this stage.
By far the easiest way of making the C100 application is online rather than paper form. It incorporates the C8, and the C1A (if appropriate).
If you do not have permission to make the application you will require the court’s permission first. This is to stop people randomly making application for children where they have no real prospect of success. The birth mother and biological father automatically have permission. To get the court’s permission will usually mean filing a C2 form before the C100, but using the online application has recently incorporated apply for permission into the functionality so you may not need to.
What if I don’t know the other party’s details?
Whilst it’s easier if you do have the other party’s address, email and phone number, you don’t necessarily need to have all three. Usually just one of them as a minimum will suffice. If you have none of the three then you will have to either complete a C4 (seek and find) form on paper, or continue with the C100 online application which incorporates this by asking for previous address and the like.
What happens next?
Once the application has been filed then the clock has started ticking. The court must let CAFCASS know about the application, and their process will start in it’s own right too. The respondent will receive a copy of the application.
If you have made a paper application then the court will phone you to take payment over the phone.
What if I have received notice of an application rather than made one?
If you have received notice of an application, perhaps via notice that a hearing is to take place, or perhaps CAFCASS got in touch first (they write from something called ‘egress’, do make sure to regularly check your junk mail) then you will need to respond.
Normally a blank C7 and blank C1A form will have been sent to you, along with the application made by the applicant. I will deal with each of these separately.
C7 – this form is to acknowledge that you have received the notice of hearing, or that proceedings have begun. It’s helpful to everybody involved, including the court, if you can send this in promptly so that the case can progress. Not doing so means the court aren’t sure if you’ve had the relevant paperwork, and won’t necessarily be sure if you’re capable to attend a hearing, or need any special measures putting in place.
C1A – this form is to give initial details of any safeguarding concerns you have, either towards you or the child(ren). You don’t need to go into lots of detail here, as you will have opportunity to give further details as the case progresses.
It might be that as part of the applicant’s paperwork they have submitted their own C1A form. In which case as well as a blank one you will also get a copy of theirs. The complicated part is that there can be two C1As floating around so you will need to be alert to this. Here’s how it works in practice:-
The reason for doing it this way is so that the court can quickly see what the issues are and what the other person is saying about them (for instance, denying them). This means that when CAFCASS get in touch they will hopefully already have an idea of the situation before them and can tailor their questions to you accordingly.
If you have not been sent a blank C7 or C1A form with notice of proceedings then you can download them on the links in this page.
What next?
This is meant as a first steps guide, and by this point you will have started proceedings, and where appropriate have sourced your representation / McKenzie friend as required. They will help you from there of course, but my group is always available to assist for FREE with questions surrounding the process.
It may also be helpful at this point to link by guide to your first hearing and the run up to it, which can be found HERE.
If you need any further help, or wish to book me or my team as your McKenzie Friend then all the details are below.
My FREE Facebook group: https://www.facebook.com/groups/488124058749486/
Book me directly: https://www.calendly.com/firstfamilylaw
More info: https://www.namf.co.uk
Contact the team: info@firstfamilylaw.co.uk
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