How Family Court Works in England & Wales
Everything you need to understand before you step inside a family court as a litigant in person. Written from 15 years of court experience.
What is Family Court?
Family Court is a specialist court in England and Wales that deals with private law cases between parents, guardians and other family members. Unlike criminal court, family court proceedings are private — meaning the public cannot attend and details of cases are kept confidential.
The Family Court operates under the Children Act 1989, the Family Law Act 1996, and the Matrimonial Causes Act 1973. Most cases involving children are governed by the welfare principle: the court's paramount concern is always the welfare of the child.
Common cases heard in the Family Court include:
Child Arrangements Orders (who a child lives with and spends time with)
Non-Molestation Orders (protection from domestic abuse)
Prohibited Steps Orders (preventing specific actions)
Financial Remedy Orders (division of assets following divorce)
Enforcement of Orders (where an order is being breached)
What is a Litigant in Person?
A litigant in person (LIP) is someone who represents themselves in court proceedings without a solicitor or barrister.
Since legal aid was dramatically cut in 2012 under the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO), the number of litigants in person in the family court has increased significantly. Research suggests that in some courts, over 70% of parties now represent themselves at some hearings.
Representing yourself is a legal right. The court has a duty to assist unrepresented parties, and judges are expected to make reasonable adjustments for litigants in person. However, the system remains complex, and preparation is critical.
This is where a McKenzie Friend can help.
The Family Court Process: Stage by Stage
Application
You (or the other party) file an application with the court. For child arrangements cases, this is typically a C100 form. The court issues the application and serves it on the other party.
Safeguarding Checks
Cafcass (Children and Family Court Advisory and Support Service) carries out safeguarding checks. This includes a DBS check and police checks on both parties. Cafcass will also make initial enquiries about safeguarding concerns.
FHDRA (First Hearing Dispute Resolution Appointment)
This is the first hearing. The purpose is to identify the issues, consider whether the case can be resolved without further hearings, and give directions for next steps. A Cafcass officer will usually attend.
Section 7 Report (if ordered)
If Cafcass are asked to prepare a fuller report, they will interview both parents, the children (where appropriate), and other relevant people. The Section 7 report is then filed with the court.
DRA / Issues Resolution Hearing
A Dispute Resolution Appointment (DRA) or Issues Resolution Hearing (IRH) is held to narrow the issues further and explore whether agreement can be reached before a final hearing.
Final Hearing
If the case cannot be resolved, a final hearing is held. Both parties present their evidence and arguments. The judge makes a final order. This is the most important hearing in the case.
Key Legal Principles You Must Understand
The Welfare Principle
In all decisions involving children, the child's welfare is the court's paramount consideration (Section 1, Children Act 1989).
The Welfare Checklist
The court applies a checklist of factors when assessing welfare, including the child's wishes, their needs, and any risk of harm.
The No Order Principle
The court will only make an order if it is better for the child than making no order at all.
The Presumption of Parental Involvement
There is a legal presumption that involvement of both parents will further the child's welfare, unless there is risk of harm.
PD12J
Practice Direction 12J sets out how courts should handle cases involving allegations of domestic abuse or violence.
Important Disclaimer
This guide provides general educational information only. It does not constitute legal advice. Every case is different. For guidance specific to your situation, please consult a qualified McKenzie Friend or legal professional.
