Guides / Family court
Chapter 13 · 2 min read
Getting the right help without overspending
In short
- 1Representing yourself is possible, and the court is used to it.
- 2Use unbundled advice or a direct access barristerDirect access barrister. A barrister you can instruct directly, without going through a solicitor. at the stages that matter most.
- 3Check Help with FeesHelp with Fees. A scheme that can reduce or cover eligible court fees. EX160 is the paper application form., legal aid and the mediation voucher before you pay.
Legal costs are one of the biggest worries for fathers. Representing yourself is possible, and many parents do it. There are also options between doing everything alone and paying for full representation.
Representing yourself
The family court is used to litigants in person: parents who represent themselves. You won't be penalised for not having a lawyer, provided you're prepared, respectful and focused on your child. Free guides from Advicenow and support from Support Through Court can help you understand the process.
Options for help
These are roughly in order of cost, cheapest first. Many dads mix and match, using free advice most of the time and paying for help at the moments that matter most.
- Free advice. Citizens Advice, the Family Rights Group, law school clinics and some solicitors' free first appointments.
- McKenzie friends. Someone who can sit with you in court, take notes and help you stay organised. Some are free and some charge. If you pay one, check their experience and what they can and can't do.
- Unbundled advice. A solicitor helps with specific tasks, like reviewing your position statementPosition statement. A short document setting out a parent's position and proposals before a hearing. or preparing you for a hearing, without acting for you throughout. Ask firms whether they offer fixed-fee or limited-scope work.
- Direct access barristers. You can go straight to a barrister, without a solicitor, for a particular hearing or piece of advice. It's often worth it for a fact-finding or final hearing. The Bar Council's directory lists barristers who take direct access work.
Legal aid
Legal aid for private children cases is limited. It's generally available only where there's evidence of domestic abuse or child abuse, or for mediation, and you must meet the financial criteria. Check your eligibility through the GOV.UK legal aid checker or Civil Legal Advice.[13]
A rough picture of costs
Costs vary widely. The figures below are rough guides only and will change.
| Item | Rough cost |
|---|---|
| C100C100. The application form for a child arrangements, prohibited steps or specific issue order, or to vary one. court fee | £270 at the time of writing (check EX50EX50. The guidance that lists the current civil and family court fees.. Help with FeesHelp with Fees. A scheme that can reduce or cover eligible court fees. EX160 is the paper application form. may reduce it) |
| MIAMMIAM. Mediation Information and Assessment Meeting. A meeting to find out whether mediation or another way of resolving a dispute could help. It is usually required before certain family court applications, unless an… | Often around £100 to £150 per person. Free if one parent qualifies for legal aid |
| Mediation sessions | Varies. The voucher scheme may contribute up to £500 |
| One-off solicitor advice | A few hundred pounds per session |
| Direct access barristerDirect access barrister. A barrister you can instruct directly, without going through a solicitor. for one hearing | Several hundred to a few thousand pounds |
| Full solicitor representation | Can run into many thousands of pounds |
Spend where it matters
Professional help tends to make the biggest difference at a few points: early advice on your position, a fact-finding hearingFact-finding hearing. A hearing where the court decides whether disputed allegations are proved on the balance of probabilities., a contested final hearing, and any case involving international travel, serious allegations or unusual complications. Much of the rest, such as keeping records, preparing a timeline and drafting a first position statement, you can do yourself.
Whatever help you use, go in prepared. The more organised you are, the more useful and cheaper professional time becomes.