An in-depth look at preparing for your first hearing.
I thought I’d write this latest blog post about what to expect on the day. Not so much about your case this time, but about the practical arrangements. Many of us feel anxious about going somewhere new or different, or not knowing how to behave or how to fit in. Perhaps you might want to make sure you don’t do something wrong, wear the wrong thing or say or do the wrong thing at the wrong time. Given that attending court is already massively stressful, this would be the last thing we’d want.
A FEW DAYS BEFORE
In the days running up to your hearing, particularly if it’s your first, you may find writing a list of things you will need to take with you could help to alleviate panic on the morning of the hearing. Paperwork, phone charger, bottle of water etc.
You may also want to think about what you might choose to wear for the day. As a general rule office-wear is the most traditional style dress code that most people opt for. I was in court this week and there was a chap wearing a muscle vest and shorts which I don’t think would go down too well. Whether it should matter or not is irrelevant here, as it’s about setting out that you take the proceedings seriously, and that you recognise the solemnity and seriousness of the courts.
Plan how you will get to the court and where you will park. If you’re using public transport - have you checked the timings will get you there on time? Do you perhaps need to set aside some contingency time or even a back-up plan? If you’re driving – how long will it take you to get there? Where will you park the car? How far is the car park from the court? Some of these things are really obvious, but to anybody unable to see the wood for the trees when going through court proceedings it can be a helpful reminder. All of those aspects I’ve just listed are things that I’ve seen people trip up on.
THE NIGHT BEFORE
The night before the hearing can be pretty tough dealing with all the unknowns and possible outcomes running through your head, but you really want to be in the best shape possible for the day in court. Give your papers and statements a final read through, but then mentally shelve them. Remember, there’s nothing else you can do at this point.
Maybe check your clothes for the next day, and iron any that need it.
Good sleep is really important, so do lay off the alcohol. Perhaps devote an hour or so to relaxation, perhaps a film or some music, a good book or some meditation once your obligations are done for the day.
THE DAY OF COURT
Having taken the above advice and arrived (hopefully!) feeling fresh and on time the first thing you’ll need to do when you arrive at court is to pass through security. It’s very similar to airport security in that you’ll have to walk through a scanner having put your valuables in a tray. They’ll look in any bag you take so do be prepared to show the contents. If you’ve brought water they’ll ask you to take a sip of that.
Once through you’ll need to find out where to go. Court buildings are often really big and actually contain several court rooms. Look out for an Usher (traditionally they wear black robes but this has been relaxed more recently) who will tell you which area you need to go to, once you give them the case reference number.
You’ll then enter the waiting area for the specific court you are going to be going into. It will usually be quite a decent sized area with groups of seats. There are also ‘interview rooms’ dotted around just off to the side of the main seating area. You will need to find the usher in your particular area to let them know you’ve arrived (this may not be the same one you spoke to initially), and roughly where you are sitting to wait. If you have representation (ie a solicitor or barrister) they may ask you to join them for pre hearing discussions in one of the interview rooms.
PRE HEARING DISCUSSIONS
On your court letter you will usually be told to arrive an hour (sometimes 30 minutes) before your hearing time to facilitate ‘discussions’ between parties. This can be between you and your representation, but can also be between the representation for both parties or for the other party’s representation to speak to you directly if you’re not represented. Usually this will be with the aim of ‘narrowing the issues’ between you. It’s a good idea to agree to these meetings because it may be that there are at least some areas of agreement, even if only on some peripheral issues. Your time in court will be very short, and will focus primarily on trying to resolve areas that remain in dispute and not agreed between you.
If you’re self-representing (which is presumably why you’re reading this article) please do not feel forced to agree to anything with the other side’s representation purely because they tell you that court will likely order X, Y or Z. Their aim is to have their client’s interests be those that are accepted by the courts. The person speaking to you at this point has no power to make any of these orders. They will try and persuade you and possibly even try to intimidate or scare you with scenarios that the court may consider – like that you’ll have to pay the costs of the other party’s representation if you don’t agree to their demands for example. It’s worth remembering that your McKenzie friend (if you have one) CAN actually speak on your behalf at this point, unlike in the court room. If they’re an experienced professional McKenzie friend they will be able to advise you on anything unrealistic this person is telling you and help give you the realistic information you need so that you can decide whether or not to agree with anything being offered by the other side.
If both parties are self representing then it’s unlikely that any pre hearing discussions will take place. Indeed, if you could have already discussed and agreed matters between you then why are you at court? It is still possible of course, just unlikely.
CAFCASS may also be present and may also want to talk to you. If at least one party hasn’t completed the safeguarding phone call then this sometimes takes place, in person, at this point. It may also be at this point you see the safeguarding letter for the first time if it was withheld from parties due to significant safeguarding concerns. Increasingly CAFCASS are attempting to help parties come to agreements immediately prior to court too, especially where neither party has representation.
GOING IN TO THE COURT ROOM
Inevitably you will eventually be called to ‘go in’ to the court room. Remember, the only people that can enter are those named as parties on the court papers, and their representatives or McKenzie Friends. It’s possible that if your proposed McKenzie friend is a partner or family member they could well be rejected attendance at this point due to being emotionally involved in the case and therefore unsuitable to be present. This is where having a professional McKenzie Friend is helpful, as there is little potential for this to be the case.
The Usher will show you into the court room and will tell you where to sit. Normally you will sit with your representation or McKenzie friend, but not immediately next to the other party. Where the seating is close-by it would usually be set up as follows.
This is the closest diagram I could find on the internet to reflecting how a typical family court room appears. In my experience the security guard pictured in this diagram would instead be an Usher. The CCO would be CAFCASS in England & Wales too (the picture is actually from Northern Ireland which do things similarly but slightly differently). The actual 'look' of the place will usually be more like the traditional wooden style seen here.
I’ve both experienced cases where the Judge or Magistrates were already seated upon entering the court and also those where they enter afterwards. If they’re entering after you are, the Usher may instruct parties to ‘all rise’. The judge or lead magistrate may nod / take a small bow, or the Usher will ask you to 'please be seated'. It varies.
If you have a Judge then they will normally run the case on their own. If there are Magistrates then there will usually be three of them. Magistrates are volunteers with limited legal training, but are always led by a legal advisor (who is fully legally trained) who in effect runs the case. The legal advisor can’t make orders by themselves, that’s where the Magistrates come into play. The legal advisor will ask them to make decisions on disputes, based on the law outlined to them.
Formal notices will be read such as the need for confidentiality, and then the case will be introduced ie the case number, names of the participants. The hearing may be being recorded, at which point you will have to say your name for the purposes of the recording. There may be a microphone on your table.
At this point the hearing begins, which would be a whole other blog post!
I’ve tried to cover all the ifs buts, whys and wherefores etc of what happens leading up to a court hearing in this post. The chances are you know some or all of this already, and chances are it’ll be much more simplistic than all of this! To some though, I hope that this has been helpful preparation.
To book an appointment to discuss your case with me then please visit https://calendly.com/firstfamilylaw.
You may also be interested in a special offer I’m currently running through the second half of 2022. This is a self-representation support package. It doesn’t include hearing attendance (can still be booked separately), but does include everything else you will need for a typical three hearing case. Please contact me on info@firstfamilylaw.co.uk or neilandrewsmckenzie@gmail.com to take advantage of this offer, and save yourself up to £380!
Neil Andrews
18.08.22
NOTICE: Nothing in this blog should be taken as formal legal advice.
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