No representation in family court? What do I do?
Many more people are representing themselves in family proceedings. The head of the family court has called for Judges to assist where they can, but there’s only so much they can do.
The legal world is a frightening one when you are a litigant in person. If you bear in mind that it takes Solicitors at least 6 years to qualify, it is easy to appreciate that if you are representing yourself with no legal training, it’s a tough battle.
However, the sad fact is that some people cannot afford representation. But what are you to do if you find yourself in a situation where you have to go to court on your own?
The traditional approach in England is for each party to present their case, and the judge to then consider their positions and make a decision. There is some scope for argument and discussion as well but broadly, it is not the Judge’s role to find out what the issues are. However, the head of the family court’s has recognised that Judges will need to be more “inquisitorial” and speak to parties representing themselves to work out what the issues are.
But how far will the judges go? Will they suggest what arguments a party should put forward? Propose certain directions for them? Is that not unfair to the other party who may be paying for their representation?
We have seen that every judge approaches each hearing differently (which is not helpful!). There is no standard approach that they are all adopting and some will have more time to talk to parties than others.
What do you do if you’re in this situation? We recognise that finances are tight and we are able to offer an “unbundled” approach to legal services. We offer a pay as you go service whereby you pay for the time you spend with us only. We can meet (or talk on the telephone/by email) and go through the issues you are presenting, give you advice about how to present this at court and give you guidance on the procedure.