The Family Court Process
Entering the court system when self representing can feel overwhelming, especially when the legal language and procedures are designed for trained professionals, who don't always listen to women's voices or lived experiences. This page will walk you through what happens once your application is submitted to court and who the key people are in the courts making the decisions about your children.
Our aim is to help you feel more prepared and confident, so you will see signposts to 'Next Steps' at the bottom of the page to help you continue on your court journey. The time between starting and ending your court journey can vary greatly, some cases are quickly resolved if there's agreement between you and your ex partner, while others can take months or longer if there are issues that aren't agreed on or that require extensive evidence.
Lots of courts also experience delays due to the volume of applications going through their systems. Court clerks, the gatekeeping teams, CAFCASS and judges are working to their best ability to process each application and ensure that it is treated with the respect and dignity it deserves. Most documents will state a clear timeframe in which the court, parties and other services e.g. social services will have to respond so you have a clear timeline for your case.
How do courts decide how and by whom my case is heard?
The Judges
The Family Court each type of judge has different roles, powers and levels of experience. You may first encounter a Magistrate, they are trained volunteers who handle many private law children cases or a District Judge who deals with more complex issues. More serious cases (involving complex safeguarding issues for example) may go to a Circuit Judge, while the most complex and sensitive cases are heard by a High Court Judge.
Next Steps
1
Reflect on your situation
Where are you in your court journey? Are you preparing for court, responding to your ex-partner's application or already waiting for a hearing? Or are you deciding to leave your relationship?
You might find it useful to use one of our flowcharts to help you decide the right steps for you based on your current situation.
2
Do you need more support?
Consider whether you feel confident to self-represent or need further support, such as hybrid representation. You can check out our 'Do I Need a Lawyer?' section for further guidance.
If safeguarding issues such as domestic abuse or domestic violence are a factor in your case, you can access our 'Specialist Services' page .
3
Prepare for the next stage
Gather evidence you may need for your case, such as GP records, school reports, an evidence log of your child(ren's) behaviours or your ex-partners messages. If you need help visit our 'Preparing Evidence' page.
If you're ready, you can access our step-by-step video guides on how to fill out the main types of family court forms.