Education and Child Matters

I AM L.I.P

I am a Litigant In Person

The Time Leading Up To The Day Of Your Court Hearing, The Process Of Arriving at Court, What To Do In The Courtroom, Remote Phone And Video Call Hearing, And The Charity 'Support Through Court'

 

Before you embark upon this page, please read the 2 guidance notes below to give you a better understanding of this page.  

GUIDANCE NOTE 1 –  The preparation time scales written on this page are many days in advance and can seem overwhelming for some people. However, as we have been through this process, we realised that it is easy for things to go wrong, such as, photocopiers breaking down or the car not working on the day. Therefore, advance preparation always served us well and this is what we will always suggest just to be on the safe side. We are aware that for some people they may not want to think about an impending court hearing or seeing their ex-partner so soon, causing them to ignore it until the last minute. Out of sight, out of mind. Please prepare in advance so you are calm, peaceful, and ready when you arrive in court.

GUIDANCE NOTE 2 – It is important to write down the date and time of all your court hearings on a calendar/diary/phone/fridge and remember them. If you have a memory like a sieve, please note the date and time down on a piece of paper and put it on the fridge in front of you so you remember. If your family/friends know about you divorce case, ask one of them to remind you 10 days, 7 days and 3 days before a hearing. It is also important to be aware what type of court hearing it is and how long it will last. This is called the time estimate of the court hearing. It is also important to be sure of which court you are going to because it could change from one court hearing to the next at the last minute. Please also note down on the same calendar the dates and times when you need to submit paperwork, including witness and position statements, and bundles to the court and to your ex-partner/their solicitor as directed by the court in your court order. 

THE TIME LEADING UP TO THE DAY OF YOUR HEARING

After the court hearing

  • Please read your court order and understand the directions the judge has made. These directions will include statements, evidence, and paperwork you may have to send to the court and to your ex-partner/their solicitor by a specified date and time. Please complete this paperwork and send it within the timeframe set out in the court order. Please be on top of this, otherwise you will be in contempt of court. Also, please be ready to receive paperwork from your ex-partner/their solicitor as the directions in the court order have stated. If the deadlines are near the date of the hearing, please make a note to send this paperwork before the deadline.

21 days or more in advance of the hearing

  • Make sure you have enough paper and printer ink if you have a home photocopier and scanner.
  • This is the time to sort out the bundles for your court hearing if one is required. If you are producing one then start now or contact your ex-partner or their solicitor if they are. If you need to confirm the index of a bundle with your ex-partner/their solicitor, please do this now. This will give you time to prepare a court bundle which works for both sides.

LINK TO OUR L.I.P HELP GUIDE FOR HOW TO PREPARE A COURT BUNDLE 

10 days in advance of the hearing

  • Start making a list of questions you need to ask the judge about 10 days in advance and add to it as you think of more questions.
  • You may want to tell the judge some things that you feel are important in your case, therefore, start to make this list 10 days in advance of your court hearing and add to it as you remember. 
  • Start writing you position statement about 10 days in advance so you can write it comfortably with plenty of time, add to it if you need to or re-write it. Make 3-4 copies of your position statement to take to the court with you on the day. 
  • Organise babysitters, a friend to pick up the children from school or to feed your pet, or do anything else while you are away at court, especially if your hearing is all day. Try not to bring your young children to the court.
  • To start preparation this much in advance could leave you anxious and troubled as you will start thinking about your case and get upset. Start to find ways to relax, unwind, and take the tension out of your body. You can meditate, pray, go to church, watch a comedy series to make you laugh, drink herbal teas, or do some yoga. Try and do something everyday until the court hearing.

LINK TO OUR L.I.P HELP GUIDE FOR YOUR POSITION STATEMENT EXPLAINED 

7 days/a week in advance of the hearing

  • Start preparing the bag that you will take your court papers in about a week in advance. Include note paper/notebook and pencils to take down notes at the court hearing. 
  • Start to prepare your paperwork at least a week in advance. As you are a litigant in person, you probably do not have access to industrial photocopiers and scanners like solicitors’ firms do. So what do you do if you run out of printer ink and need to copy some of your papers? Or your photocopier breaks down? Therefore, prepare all your paperwork and photocopy any papers well in advance so you can deal with any hiccups. Start placing your court paperwork in your bag.
  • Prepare any evidence you need to take with you and place it in your bag.
  • Contact your McKenzie friend if you have one and confirm their attendance.

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

4-5 days in advance of the hearing

  • Start reading all your court paperwork a week to 4-5 days in advance so you refresh your memory.
  • If you need to send a court bundle or court paperwork, please look at your calendar and do so.

3-4 days in advance of the hearing

  • Decide what you are going to wear and have it ready, cleaned, and ironed 3-4 days in advance. We feel that there is no need to go shopping and buy new clothes as long as you look neat and tidy. You will be given conflicting advice on this issue. Some may say you need to wear a dark business suit, hair tied back, with little make-up and jewellery for the judge to take you seriously. But what we feel is as long as you are neat and presentable why does it matter what you look like or how you speak in court (many people stumble and forget details or just become numb sometimes). What matters are the details of the case and nothing else. Why do you need to impress the judge or ‘get him/her on your side’ as one barrister put it to us? It’s the details of the case that matter! However, as stated a few sentences previously please look neat and tidy in court.
  • If this court hearing is the first time you are travelling to the court, search where the court is located and decide how you will get there. Plan and know your route, whether it be by public transport or driving your car. 
  • If you are travelling by car, try and find out using the court website, a map, or calling the court (if you get through) if the court has free parking (most of them do) and can you park there. If the court doesn’t have any parking, use a mobile app and try and find the nearest carpark or roads around the court where you can park. Be aware of the cost of parking, time limits of car parks especially if your court hearing does not start on time and parking restrictions on the side roads around the court.

2 days in advance of the hearing

  • If you are travelling to the court in your car, please make sure there is enough petrol in your tank. Please don’t fill up on the way to the court. 
  • Plan and have ready an alternative method of getting to the court just in case. What do you do if your car breaks down when you’re leaving for court or your Uber driver doesn’t arrive?  What if an underground station is closed? Please be prepared.
  • If the court is very near your residence, perhaps you could drive there and see for yourself where it is and find out about parking.

1 day before the hearing

  • Even if the time estimate for your hearing is small, you may be there for a long time as there may be many hearings happening at the same time and you may have to wait your turn. If you have a full day hearing, you may get hungry and thirsty during the day. There is most probably no canteen in the court, at best there is a water machine. Think about taking a packed lunch and tea/coffee in a thermos flask. You could leave the court and buy food from nearby shops, if there are any, but that may mean dragging heavy court papers with you. 
  • Re-confirm your babysitter or friend/family member picking up the children or feeding your pets while you are at court. 
  • Arrange to meet your McKenzie friend, if you have one, at the court or before.

WHAT HAPPENS WHEN YOU ARRIVE AT THE COURT?

  • You should arrive at the court 1 hour before the hearing, unless the court order states otherwise.
  • Try and bring copies of all your court paperwork with you, as well as spare copies of your position statement if you have written one.
  • Depending upon which family court in the country you are attending and how they operate, the following is a rough guideline on generally what will happen when you arrive. Some details will vary from family court to family court.
    • When you enter the court building the security staff will ask you to walk through a metal detector and check your bags.
    • Just before the waiting room, you will be directed to a large table where there will be sheets of paper on the table or on the wall. Each sheet of paper refers to a court case and has the case reference number on the top. You need to find your paper. Underneath the case number, the date and time of your hearing, which court room it will be held in, and the name of the judge/magistrate who will proceed over the hearing will be listed. Underneath this piece of information, will be a list of people – THE APPLICANT, THE RESPONDENT, COUNCEL ETC. You need to tick the box that applies to you.
    • You then must go to the waiting room and wait for your usher who is the person who prepares the court room for your case and makes sure everyone is ready. They will find you and then direct you. You can hand them your position statement to forward to the judge/magistrate, they can introduce you to your ex-partner’s barrister or solicitor or hand you your ex-partner’s position statement. Your usher will also introduce you to the Cafcass officer if they are there and relevant to your case.
    • Sometimes in other courts, you will enter the reception area where you will sign in and the court usher will be waiting for you.
    • Your ex-partner’s barrister or solicitor may want to talk to you, or you to them. They/you may try and settle, reach an agreement on all or some issues before going into court, find out your position, tell you their position, and exchange position statements if there are any.
    • Please remember, you do not have to have any communication with your ex-partner’s barrister or solicitor outside the court room. Please inform the usher and the judge if your ex-partner’s barrister or solicitor is being abusive, aggressive, bullying you, or frightening you.
    • If the other party approaches you without your permission or if the other party becomes abusive, seek assistance from the court usher or call the police.
    • Once the court room and the judge/magistrate is ready the usher will take all involved in the case into the court room. 

WHAT TO DO IN THE COURTROOM

  • Your court usher will come and take you to the court room where your court hearing will be heard.
  • The usher will guide you where to sit. If they do not come and get you, but inform you of the court room number, make your own way there. Then once you arrive, politely ask the judge/magistrate or legal adviser if you can enter and once you do, politely ask where you should sit.
  • Please switch off your mobile phone or put it on silent and place it in your bag or pocket. Please do not look at it in the court room.
  • You can address the judge/magistrate as ‘Sir/Madam’ or ‘Your Honour’.
  • Do not speak unless you are directed to by the judge/magistrate.
  • Do not interrupt your ex-partner or their barrister if they are speaking. The judge/magistrate will give you a chance to speak.
  • You are not allowed to take photos or video/sound record a court hearing.
  • Please try and stay calm in court and do not get angry, shout, swear, or be aggressive especially when your ex-partner or their barrister is speaking. They will say things you do not agree with or may lie. You will get your chance to reply.
  • If the judge/magistrate arrives in the court room after you, please stand and wait until the judge/magistrate asks for you/everyone to be seated.
  • Listen intently to what is happening in the court room, what the judge/magistrate is saying, and what the other side are saying and make detailed notes so you can reply to their statements when it is your time to speak. 
  • If you do not understand something or are lost, gently raise your hand and inform the judge/magistrate.
  • Look straight at the judge when you speak.
  • If you are becoming upset, gently raise your hand and inform the judge.
  • If your need more time to assimilate what is happening, to answer questions, or formulate a reply, gently raise your hand and inform the judge/magistrate.

WHAT IS A REMOTE PHONE OR VIDEO CALL HEARING?

  • This is a court hearing which takes place by telephone or a video. You do not have to go to the court building.
  • You can make a request to a judge for a phone or video call hearing. Send an email to the court asking for this or you can ask during a court hearing for the next one to be remote. 
  • You will need a phone or a computer with internet access, a webcam, and a speaker. Most new computers and laptops have these built in. Test your equipment a few days in advance.
  • You will be required to be in a quiet room away from anybody else except a McKenzie friend. Nobody else must be present in the room with you. Please inform everyone not to interrupt you.
  • You are not allowed to take photos or video/sound record the court hearing.
  • The court will send you a letter or email informing you of how to join the court hearing. 
  • The court will ask you in advance, by email or letter, to provide your telephone number and the email address you want to use for the remote hearing. You must do this. 
  • Remote hearings use new technology that you may not be used to. This new technology includes teleconferencing, such as BT MeetMe, or video-conferencing, such as Cloud Video Platform (CVP).
  • On the day of your hearing, make sure your phone or laptop is fully charged and working.
  • Teleconferencing and videoconferencing follow the same rules as if you were in a court building. Please do not smoke, eat, or drink anything but water. If you are video conferencing, please dress as you would in a court building. 

LINK TO GOVERNMENT HELP GUIDE TO WHAT TO EXPECT WHEN JOINING A TELEPHONE OR VIDEO HEARING.

LINK TO GOVERNEMENT HELP GUIDE TO VIDEO CONFERENCING 

LINK TO GOVERNMENT HELP GUIDE FOR HOW TO HAVE SOMEONE TO SUPPORT YOU DURING A REMOTE HEARING

WHAT IS THE CHARITY ‘SUPPORT THROUGH COURT’ (previously known as the PSU – the personal support unit)?

Support through court is a free charity based organisation usually located in the family court where child arrangements are heard. It was originally known as the PSU – the personal support unit. 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. They can also attend court with you. However, they cannot give you legal advice.

LINK TO THE ‘SUPPORT THROUGH COURT’ WEBSITE