Going to court overview

Court is the last resort, not the goal. Most arrangements get sorted without a judge ever being involved, and that is almost always better for the children and for you. But if you do end up here, the not knowing is half the stress, so this section explains how it actually works.

One thing to get straight first: you do not “win” in the family court. There is no prize for being right. The court is looking at one question, what is best for the children, and the parent who does well is the calm, reasonable, child-focused one. Everything in this section is built around that.

What this section covers

• What happens at family court: the steps from applying to a final hearing, in plain English, including the newer Child Focused Courts.
• What Cafcass does: the safeguarding checks, the welfare report, and the people you will deal with.
• Representing yourself: position statements, the court bundle, how to address the judge, and McKenzie friends.

Before any of this, it is worth being sure court is the right step. Mediation comes first for most people (see proposing mediation and where the children will live), and it is faster, cheaper and calmer than a courtroom.

Every page here is information, not legal advice. Get a solicitor if you possibly can, even just for an hour to check your plan, and note that legal aid may be available where there has been domestic abuse.