We often come across clients who are stepping into a courtroom for the very first time. As the court process is something that many have only seen on television, we find there can be misconceptions and unnecessary worries about attending court.

When attending court for the first time, many clients expect to see Judges in wigs banging their gavels while legal representatives dramatically argue with one another.

While emotions can run high within family court proceedings, the legal spats you see on TV are generally made to ramp up the drama. In reality, legal representatives try to work together to reduce the stress and cost for their clients.

In this article, our Chartered Legal Executive, Samantha Rymer, will aim to tell you what you should, or rather, what you shouldn’t, expect from family court proceedings.

A couple of the common myths that we bust on a weekly basis are: -

“My friend said that he has been to court and this happened…”

You should never compare your case to anything happening to your friends or family or anything you may read online.

Every person’s experience is different and so each case is unique. What may work for one family will not work for another, and each case is considered on its own facts.

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“I want an Order making at the First Hearing!”

Whilst an Order is made after each hearing, not every case concludes on the first occasion and sometimes an interim Order is more appropriate.

Sometimes it may be appropriate for matters to be delayed (sometimes for several months) to allow time for evidence to be gathered. This is especially prevalent when there are welfare concerns.

The court will initially refer all new applications relating to children to CAFCASS (The Children and Family Court Advisory and Support Service) which will carry out Police and Local Authority checks. 

If those checks highlight concerns, or if the parties cannot agree on what is best for the children, further involvement from CAFCASS may be needed. The Court may also wish to see other evidence such as drug test results or School Reports and gathering information can be time-consuming.

In such situations, the court will usually list the case for a further hearing in the future, so that the best way forward can be considered once the relevant information is available.

“I don’t want you to be nice, I want you to fight my corner”

Many clients feel that they want to ‘win’ their case, but the reality is that there are very few ‘winners’ within family proceedings.

Many clients are upset following the breakdown of their relationship or arrangements for their children and court proceedings can add to their distress.

While lawyers will “fight your corner” when it is necessary to do so - it is important to remember that the last thing that they want is to inflame matters.

Parents are not on trial within family proceedings – the main consideration is what is best for the children. Unless there is a need to be direct or firm Lawyers will always try their best to resolve your case in the quickest and most amicable way possible in the first instance.

“My barrister has not been involved in my case, will they be able to properly represent me in court?”

If you wish to be represented in court, that is entirely your decision, although it is something that we would always recommend as it ensures that the case is wholly and appropriately conveyed to the judge. In more complex cases, it may become necessary to instruct a barrister to represent you within proceedings.

Barristers are chosen selectively based on their expertise and each client’s individual needs. Barristers are incredibly experienced and spend a large amount of time preparing for hearings.

Nobody can ever prepare for all eventualities, so it can help to have someone on your side that can think on their feet, especially in cases where any application to court is contested.

Call today and speak to a family law expert

Our legal experts are here to help

At Broudie Jackson Canter, we do our best to reassure any nervous clients that are heading to court. If you have received Notice that you are required to go to court or think you have no other option but to start court proceedings, our Family Law team is here to help.

To speak with one of our specialist advisers please call us free on 0151 282 1700, request a callback at your convenience or make an enquiry.