What to expect in court

If you are a family member or friend raising a child on behalf of their parents, legal advice will help you understand what your rights are.

This advice applies to: England and Wales

Preparing for court

Here are some of the things you might do to prepare for hearings at the family court.

Read all your court paperwork

A notice of the hearing should have been sent to you by the court, this is called a C6 notice. It will give you the case number, address of the court, time and estimated length of the hearing. If you haven’t received a copy, you can’t make the court date or feel you don’t have enough time to prepare, speak to the court office.

Speak to Cafcass

Cafcass are the Children and Family Court Advisory and Support Service in England. Their role is to promote the welfare of children and families involved in court proceedings. They may contact you and the other parties a few weeks or days before the hearing to discuss any concerns you have about the child. They carry out safeguarding checks with police and children’s services, and advise the court.

File a position statement

If one is needed. You might be asked by the court to file a position statement before the hearing. In this statement you need to give a background to the situation, what outcome you are hoping for and why. Be sure to position this in respect to the best interests of the child.

Arrange support if you’re representing yourself

If you’re representing yourself in court, you may want to bring a friend with you to the hearing with you. This is referred to as a ‘Mackenzie Friend’ and their role is to be with you, help make notes and give you quiet advice.

You can read more information about representing yourself in court on the government’s website. Support through Court is a free, volunteer-led service that supports people who are facing court without legal representation.

Practical preparation for the day of the hearing

You might find these tips useful in helping you prepare:

  • arrange childcare for when you need to be at court and plan to have some time afterwards to reflect and wind down
  • find out where you need to go ahead of time and check the journey
  • prepare all the paperwork you need to take with you
  • ensure you arrive early – courts often require you to be there at least 30 minutes beforehand
  • the court must make reasonable adjustments for accessibility – if you have a disability or need an interpreter, get in touch with the court beforehand
  • there are no rules around what you should wear, but dress smartly if you can
  • you might want to take refreshments and pens, pencils and notepaper
  • in some courts and in certain circumstances, the hearing may take place remotely via a video link. If this is the case, check your internet connection and find a quiet place before it starts

How to address the judge

There are different ways to address different judges:

  • district judges are referred to as ‘Sir’ or ‘Madam’
  • magistrates can be addressed as both ‘Sir’ or ‘Madam’ or ‘Your Worships’
  • circuit judges may be referred to as ‘Your Honour’

Ask the court usher to tell you how to address the judge if you’re unsure.


Support from Kinship

Here at Kinship, we offer a range of free support for all kinship carers, including  workshops, online advice and information, and support groups.

Contact the Kinship advice team to speak to an adviser or book an appointment.

Find services, information and support in your local area using our Kinship Compass, including information about your local children’s services.