Litigant in Person

Gap #593

The assumption

If the other parent reports a new allegation at a different police station, a magistrate can immediately overrule the family court's contact order.

The reality

Reporting an allegation to the police, at any station, does not change a child arrangements order. The order stays in force until the family court varies or discharges it on an application under the Children Act 1989. When contact stops after a new allegation, it is usually because one of these separate steps has been taken. Bail conditions. Where someone is arrested, bail can carry conditions, and those can restrict contact with a child. In Nottinghamshire County Council v The Mother (Police Bail) [2024] EWHC 666 (Fam), which was a care case, police bail conditions prevented unsupervised contact with any child and left no room for the family court to allow it. Mrs Justice Lieven said it is not for the family court to dictate bail conditions to the police, but that the family judge was much better placed than the police to assess the risk to the child, and that she hoped the police would consider the role of the family court when setting bail conditions. The judgment records that an application to vary police bail conditions can be made to the magistrates' court. A Domestic Abuse Protection Order. The police can apply for a DAPO by complaint to a magistrates' court (section 28 of the Domestic Abuse Act 2021). Practice Direction 36ZG notes that, under section 36(1), the requirements of a DAPO must so far as practicable avoid conflict with any other court order or injunction the person is subject to, as well as conflict with their religious beliefs and interference with their work or with their attendance at an educational establishment. An application to vary or discharge a DAPO goes to the court that made it. A new family court order. A parent can apply to the family court to vary the child arrangements order, or for a protective order such as a non-molestation order. The police do not pass a new allegation to the family court automatically. Under the Disclosure of Information between Family and Criminal Agencies and Jurisdictions: 2024 Protocol, which replaced the 2013 Protocol and the old Annex H order template, police material is requested using the protocol's own forms. In private law proceedings the request goes to the police on the Annex 1 form, accompanied by an order in the court's standard form at Annex 5. The protocol states that use of its annexed forms is mandatory, and Annex 2 is the guidance written for completing Annex 1 in private law proceedings. Requests are expected to be focused and proportionate rather than a blanket trawl, and the guidance contemplates a 20-day timescale for the police response. In practice the court usually directs this where a fact-finding hearing is contemplated; where no direction has been made, the litigant in person has to ask the court to make the order. The DAPO rules send information the other way: when a family court makes a DAPO, the court officer emails a copy to the police within one day (Practice Direction 36ZG, paragraph 20). This part of the law is in transition. DAPOs have run in pilot areas only since 27 November 2024. The pilot ends on 24 November 2026, and from 25 November 2026 DAPOs are due to be available across all court jurisdictions in England and Wales, with Practice Direction 36ZG amended rather than replaced. Check the current position before relying on this after that date. Each of these is changed in a different place, so it matters which one has actually been made. This is general information, not legal advice.

Gap #555

The assumption

Completing free or low-cost online courses (like Alison) counts as a qualification the court will recognise in family court proceedings.

The reality

Free or low-cost online courses (like Alison) do not count as a recognised qualification in UK family court proceedings. The court does not accept unaccredited online certificates as evidence of legal knowledge, parenting ability, or professional competence. A McKenzie Friend's value comes from direct experience of family court procedure, not from completing online courses. If you are a litigant in person, these courses may help you understand general concepts, but they carry no weight with the court and should not be presented as qualifications.

Gap #521

The assumption

Keeping the house is automatically possible if you want it.

The reality

The court will ask whether you can pay the mortgage and run the home on your own income. A mortgage quote in your own name is the quickest way to find out, and it is often the first thing a litigant in person should get.

Gap #576

The assumption

A solicitor and a barrister are the same thing.

The reality

A solicitor and a barrister are two different roles. A solicitor manages your case day to day: they give you advice, prepare your documents, handle correspondence, and negotiate with the other side. A barrister is a specialist advocate who presents your case in court, argues before the judge, and cross-examines witnesses. Usually your solicitor instructs a barrister for you if your case reaches a hearing. You can also instruct some barristers directly through Public Access. If you are a litigant in person, you may have neither, but a McKenzie Friend can help you with preparation and sit beside you in court.