Going to court

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.

There are several different ways that your kinship child’s case can go to court. And cases differ because of how complex they can be.

Public Law route

Children’s services bring the case to court. You could apply to the court to join as a party to the proceedings. If the court agrees, this means that the court may ask you to attend hearings to share any relevant information.

Private Law route

When you apply to the court yourself, or through legal representation. This is usually where you want to formalise a private family arrangement. Our representing yourself in court page gives you more information about the process you’ll follow if you choose this route.

Pre-proceedings meetings

There might be several court hearings or meetings before the judge makes their final decision on an arrangement for your kinship child.

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.

Below are some of the types of hearings you might need to attend. The Child Law Advice website goes into more detail about them.

First hearing

In the Private Law route, you’ll attend a First Hearing and Dispute Resolution Appointment (FHDRA). This hearing helps the court understand the issues and see whether everyone involved can reach an agreement.

Case management hearing

In the Public Law route, a case management hearing (CMH) is for the court to review the case and decide whether they need to put any temporary or interim measures in place for your kinship child while the case is ongoing.

Preparing for going to court

Here’s how you can prepare for hearings at the family court.

Read all your court paperwork

The court will send you a C6 notice. This is confirmation of your hearing. It will tell 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 your kinship child. They carry out safeguarding checks with police and children’s services, and advise the court.

File a position statement

The court might ask you 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. Make sure you describe how this outcome is in the best interests of the child.

Arrange support if you’re representing yourself in court

Read our advice guide on representing yourself in court for more information on what you’ll need to do.

Support through Court is a free, volunteer-led service that supports people facing court without legal representation.

Practical preparation for going to court

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
• speak to the court about any access arrangements you need, for example if you have a disability or need an interpreter – the court has to make reasonable adjustments
• dress smartly if you can – although there are no rules around what you should wear
• 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, private place before it starts

Who might be at hearings

There are several people that can attend hearings:

• judge or magistrate
• social worker
• children’s guardian (CAFCASS)
• parents
• lawyers

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 to go to.

You do not need to sit with any of the other parties. If it’s available, you can ask for a private room or space if you need it. Be sure not to discuss details of the case in public areas where others might overhear.

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 you can still use the time to see if any of the parties want to change their positions.

During the hearing

Your role in the proceedings will depend on your legal status. You might be:

• a party to the case
• there to provide information
• being assessed as a potential carer

Ask your solicitor or the court to explain what your role is, as this affects what you can say and do in court.

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 them or the court staff any questions. 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:

• try not to raise your voice or 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 (instructions given to you and other people involved in the case).

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.

What happens at a final hearing

The final hearing is the last step in your court case.

1. The judge looks at all the evidence. This includes any reports, statements, or documents that have been shared.
2. The judge may ask you, professionals, or anyone else involved, to speak. If you’re asked, explain things in your own words.
3. The judge makes the final decision. They will decide what order is best for the child and officially record it.
4. The judge will consider possible outcomes, for example:
   • emergency protection order
   • care order/interim care order
   • special guardianship order
   • child arrangements order
   • assessment directions (usually before a final hearing)

Final hearings can be short and simple, or longer and more detailed, depending on how complicated the case is. The judge will guide you through the process, so you’ll know what to do at each stage.

After the hearing

After the judge makes their final decision at the final hearing:

1. If you or the other party has a legal representative, the judge might ask them to draft an order – this is the formal writing-up of the directions given by the judge. This might be while you wait, or after the hearing and emailed to you for approval.
2. Compare your notes with the draft and let the legal representative know if you have any amendments or questions.
3. Once it’s approved, the judge will ‘seal’ it. This means the order has been approved by the court and is legally binding.
4. The court may give you some future dates for when certain things need to happen.

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

You can appeal court decisions, but you need to have a good reason. You should get legal advice to understand the process. 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.

To find services, information and support in your local area, including information about your local children’s services, use our Kinship Compass tool.

You can also contact the Kinship advice team for free, non-judgmental advice and information if you live in England or Wales.