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.
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
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Overview
The legal process can be complex and stressful. It’s natural to wonder what will happen in court, what you’ll be asked, how you need to prepare, and even what to wear.
Cases will differ depending on their complexity.
Legally, if children’s services are involved, care proceedings should be dealt with within 26 weeks of them starting.
Before going to court – family mediation
Family mediation is a way of coming to agreement about arrangements outside of court. A mediator is an independent person who can help you reach agreement. There is a cost for this.
Check if you can apply for the family mediation voucher scheme being run by the government.
Before applying for certain court orders, you may (and if you are in private law proceedings you will) be required to attend a Mediation Information Assessment Meeting (MIAM). This is to show you have considered family mediation. The mediator will assess whether family mediation is appropriate for your situation. There is an additional cost for this, but that may be covered by legal aid.
You may not need to attend a MIAM if:
- there are child protection concerns and children’s services are involved
- the case is urgent
- the case involves domestic violence
- mediation has been attempted before
If you are unsure about whether you will need to attend a MIAM, ask your solicitor.
Find a local family mediator through the Family Mediation Council’s website.
Pre-proceedings meetings
There might be several hearings or meetings before the date on which the order is decided by the judge. These will vary depending on your situation and the complexities of the case.
Ask your solicitor what hearings there are likely to be, whether you need to attend in person, and what you’ll need to prepare and do for each one. Further information about hearings can be found on the Child Law Advice website.
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
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
Arriving in court
When you arrive at court, go through security and approach the usher’s desk to present your court paperwork. The usher will let you know which room you will be in.
You do not need to sit with any of the other parties. If they are available, you can ask for a private room or space if you need it.
Once the case is ready to be heard, the case number will normally be announced over a speaker.
It is quite likely that the Cafcass officer or legal representative for the other party will try and find you before the hearing so that they can discuss a way forward.
Sometimes, issues can be resolved before you get into court, but, if not, the time may still be used productively to see if there has been any change in the parties’ positions.
During the hearing
It’s natural to be nervous and anxious about the process. If you’re representing yourself, the judge will know, so don’t be afraid to ask any questions of them or the court staff. You can ask a legal representative or the court clerk where you need to sit.
Make sure that your mobile phone is switched off.
When you are asked to speak:
- do not raise your voice
- do not interrupt
- be courteous
- speak slowly and clearly so that the Judge can make notes
- be truthful and to the point
- if you do not understand a question, do not be afraid to ask them to repeat or rephrase it
Make your own notes: highlight any important dates and any court directions.
If the other party or their legal representative is speaking and you want to raise a point about it, write it down and raise it when they’ve finished.
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.
After the hearing
The judge will have weighed up the pros and cons of all options presented to them and will make a final decision at the end of the hearing. After this:
- If you or the other party has a legal representative they might be asked to draft an order – this is the formal writing-up of the directions given by the judge. This might be done while you wait after the hearing or emailed to you for approval.
- Compare any notes you made to what was drafted, and let the legal representative know if you have any amendments or questions.
- Once it’s approved it is sent to the judge for ‘sealing’.
- You might be given dates as to when certain things have to be done, and when the next hearing is, if there will be one.
Family proceedings are confidential, therefore it’s important not to show any evidence or court documents to anyone not involved in the proceedings.
It’s natural to feel emotionally exhausted after a hearing, and you should make sure you find time for yourself and your family. This might be a good time to reach out to your local peer support group or Kinship’s ‘Someone Like Me’ listening service for further support.
Appealing a decision
Decisions made by the court can be appealed, but there needs to be grounds for the appeal. You should ask for legal advice as this can be very complex. For further information on appeals see Child Law Advice’s website.
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.
Related advice and information
Information about parental responsibility and how it can be obtained.
Stepping up to raise a child can be expensive, and money worries are common for kinship carers. Find out what financial support and benefits are available to you.
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