Representing Yourself
in Family Court
In April–June 2025, 40% of private law family court cases involved parties with no legal representation. If you are one of them, this guide covers your rights, how to prepare, the mistakes to avoid, and how to find the support you need.
of private law cases involved parties with no legal representation (April–June 2025)
average time from case start to final order — preparation matters throughout
new family court cases commenced in Q2 2025 alone
Source: Ministry of Justice family court statistics, April–June 2025
Your Rights as a Litigant in Person
A litigant in person has exactly the same procedural rights as a represented party. The court is required under Article 6 ECHR to ensure a fair hearing regardless of representation status.
- The right to call and cross-examine witnesses
- The right to submit evidence and documents
- The right to present your own arguments
- The right to be assisted by a McKenzie Friend
- The right to a fair hearing under Article 6 ECHR
- The right to apply for extensions of time where needed
What the court will and won't do
How to Prepare for Family Court
What you do before the hearing determines what happens inside it.
Read every order and direction carefully
Court orders contain specific deadlines, requirements, and directions. Missing a direction — even inadvertently — can prejudice your case. Read orders as soon as they arrive.
Organise your documents early
Create a chronological bundle of all relevant documents. Label, paginate, and index them. Courts and McKenzie Friends both work better with well-organised evidence.
Write a focused position statement
Before each hearing, prepare a 2–3 page position statement setting out your position, your proposals, and the specific issues for that hearing. Do not relitigate the entire case.
Know the legal test that applies to your case
For child arrangements, the court applies the welfare checklist. For financial remedy, Section 25 of the Matrimonial Causes Act. Understanding the framework matters.
Get a McKenzie Friend alongside you
Having an experienced McKenzie Friend with you — even just for the hearing — can significantly reduce procedural errors and improve how you communicate your case.
Common Mistakes — and How to Avoid Them
These are the mistakes McKenzie Friends see most often — all avoidable with good preparation.
Making it personal, not evidential
Courts decide on facts and evidence. Focus on what you can prove, not on how you feel about the other party.
Missing court deadlines
Apply for an extension if needed — do not just miss it. Missed deadlines can result in your evidence being excluded.
Submitting too many documents
Judges have limited time. A focused, paginated bundle of the most relevant documents is far better than hundreds of pages.
Asking the judge for legal advice
The judge cannot advise you. They must remain neutral. Prepare your own understanding of the law, or get help from a McKenzie Friend.
Assuming the other side will be honest
Always be prepared to challenge evidence and disclosure. A McKenzie Friend can help you identify gaps and inconsistencies.
The Emotional Reality
Family court proceedings involve your most important relationships and — often — your children's futures. It is completely normal to find the process overwhelming, frightening, and exhausting. The legal and emotional dimensions are inseparable.
Bridge The Gap exists to acknowledge that. Every resource on this site is written for people in the middle of this — not for lawyers or academics. A good McKenzie Friend understands both the procedural and human side of what you are going through. Many offer ongoing support throughout your case, not just on the day of a hearing.