Guide to Family Court Procedure, Hearings, Laws, Practice Directions and the Rights of Litigants in Person
Understanding the Family Court
Plain English Guide for Litigants in Person
Based on Official UK Legislation, the Family Procedure Rules, Practice Directions and Published Judicial Guidance
Welcome to the Family Court
Introduction
For many people, walking into the Family Court is one of the most stressful experiences of their lives. Whether your case concerns your children, finances or another family matter, it can be difficult to understand how the court works, what the judge's role is and what is expected of you.
This guide is designed to help you understand the Family Court process in England and Wales. It explains the law, court procedure and the different stages of a case in plain English, using official legal sources wherever possible.
It is written especially for litigants in person—people who are representing themselves without a solicitor or barrister—but it may also be useful to family members, support workers and anyone who wants to better understand the Family Court.
What This Guide Covers
This guide explains:
- part 1 How the Family Court is organised.
- part 2 The laws that govern Family Court proceedings.
- part 3 The Family Procedure Rules and Practice Directions.
- part 4 The purpose of each type of hearing.
- part 5 The role of judges, magistrates and legal advisers.
- part 6 The role of Cafcass.
- part 7 How evidence is presented.
- part 8 What orders the court can make.
- part 9 Your rights during proceedings.
- part 10 Common court documents and how to prepare them.
- part 11 Appeals and complaints.
Throughout the guide, references are made to official legislation and court rules so you can read the original source material if you wish.
What This Guide Does Not Do
This guide provides general legal information. It is not legal advice and should not be treated as a substitute for advice from a qualified legal professional.
Every family case is different. The outcome of your case will depend on its own facts, the evidence before the court and the law that applies.
The Purpose of the Family Court
The Family Court exists to resolve family disputes that require a legal decision. Its role is not simply to decide who is "right" or "wrong", but to apply the law fairly to the evidence presented.
Where children are involved, the child's welfare is usually the court's paramount consideration under the Children Act 1989.
The court also aims to:
- Deal with cases justly.
- Encourage parties to resolve issues where appropriate.
- Identify the issues in dispute.
- Manage cases efficiently.
- Ensure proceedings are fair to everyone involved.
These objectives are reflected in the Family Procedure Rules 2010.
The Main Sources of Law
Family Court judges do not decide cases according to personal opinion. They are required to apply the law. Depending on the case, this may include:
- Acts of Parliament.
- Family Procedure Rules.
- Practice Directions.
- Binding decisions from higher courts.
- The common law.
- The European Convention on Human Rights as incorporated into UK law by the Human Rights Act 1998.
The importance of each source depends on the legal issue before the court.
The Family Procedure Rules
The Family Procedure Rules 2010 govern how family proceedings are conducted in England and Wales. They cover matters such as starting proceedings, filing evidence, managing hearings and appeals.
The Rules are supported by Practice Directions, which provide additional procedural guidance for specific situations, such as child arrangements cases, court bundles and cases involving allegations of domestic abuse.
What Are Practice Directions?
Practice Directions explain how particular procedural rules are intended to operate in practice. They are issued under legal authority and are an important part of the procedural framework of the Family Court.
Examples include:
- Practice Direction 12B – Child Arrangements Programme.
- Practice Direction 12J – Domestic Abuse.
- Practice Direction 27A – Court Bundles.
- Practice Direction 3A – Vulnerable Persons.
Not every Practice Direction applies to every case. Which ones are relevant depends on the issues before the court.
Judges and Judicial Independence
Judges must decide cases independently and impartially. Their role is to apply the law to the evidence presented, not to favour one party over another.
When taking office, judges swear the Judicial Oath, promising to:
"Do right to all manner of people after the laws and usages of this Realm, without fear or favour, affection or ill will."
This reflects the principle that justice must be administered fairly and without bias.
Your Rights During Proceedings
Although Family Court proceedings can be complex, every party is entitled to fundamental procedural protections, including:
- A fair hearing.
- The opportunity to present their case.
- The opportunity to respond to evidence that affects them.
- Decisions based on the evidence before the court and the applicable law.
- A reasoned judgment explaining the court's decision.
The exact scope of these rights depends on the circumstances of the case and the legal framework that applies.
Understanding the Family Court in England and Wales
Part 1 – How the Family Court is Organised
About this handbook
This handbook is written for parents, litigants in person, students, support workers and anyone wishing to understand how the Family Court in England and Wales operates. It explains the court system in plain English while referring readers to official legislation, court rules and government guidance.
Contents of Part 1
Chapter 1 – Introduction to the Family Court
Chapter 2 – History of the Family Court
Chapter 3 – Creation of the Single Family Court
Chapter 4 – Jurisdiction
Chapter 5 – Types of Family Court Cases
Chapter 6 – Which Court Hears Which Cases?
Chapter 7 – Allocation of Cases
Chapter 8 – The Judiciary
Chapter 9 – Court Buildings
Chapter 10 – Online Hearings
Chapter 11 – Court Etiquette
Chapter 12 – The Overriding Objective
Chapter 1 – Introduction to the Family Court
What is the Family Court?
The Family Court deals with legal disputes involving children, families and certain financial matters arising from relationship breakdown. Its overriding purpose is to resolve cases fairly, efficiently and with the welfare of children as the court's paramount consideration where required by law.
Main responsibilities
Applications about where a child lives or spends time.
Parental responsibility disputes.
Protection from domestic abuse.
Public law care proceedings.
Adoption proceedings.
Financial remedy applications after divorce or dissolution.
Key principles
• Children’s welfare is central in most child-related cases.
• The court encourages families to resolve disputes where safe and appropriate.
• Judges actively manage cases to avoid unnecessary delay.
• Parties are expected to assist the court and comply with directions.
Official resources
HM Courts & Tribunals Service: https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service
Find a Court or Tribunal: https://www.gov.uk/find-court-tribunal
Family Procedure Rules: https://www.justice.gov.uk/courts/procedure-rules/family/rules_pd_menu
Legislation.gov.uk: https://www.legislation.gov.uk/
What's next?
The next chapter explores the history of the Family Court, the reforms that led to the creation of the single Family Court in 2014, and why those reforms were introduced.
Understanding the Family Court in England and Wales
Part 1 – Chapter 2
The History of the Family Court
Introduction
The Family Court in England and Wales was created on 22 April 2014 to bring together family cases that had previously been heard in different courts. The reform aimed to simplify the justice system, improve consistency, reduce delay and make it easier for families to understand where their case would be heard.
Before 2014
Family cases were divided between Family Proceedings Courts (magistrates), County Courts and the High Court. Different courts had overlapping powers, which could cause confusion, duplication and delay.
Court
Typical work before 2014
Family Proceedings Court
Many private law children cases and public law care cases before magistrates.
County Court
Divorce, finances and many children matters.
High Court
Complex, international and precedent-setting family cases.
Why reform was needed
Different courts could hear similar cases.
Transfers between courts delayed proceedings.
Families often found the system difficult to understand.
The Family Justice Review recommended a simpler, unified structure.
Crime and Courts Act 2013
The Crime and Courts Act 2013 created a single Family Court for England and Wales. From 22 April 2014, most family proceedings started in one court and were allocated to the appropriate level of judge according to complexity.
Benefits of the single Family Court
Single point of entry for most family cases.
More flexible allocation of judges.
Improved case management.
Greater consistency across England and Wales.
Better use of judicial resources.
Important reforms since 2014
Since 2014 the Family Court has expanded digital case management, increased the use of remote hearings where appropriate, and introduced greater transparency by allowing accredited journalists and, in some circumstances, legal bloggers and reporting under specific rules and judicial directions.
Key legislation and official resources
https://www.legislation.gov.uk/ukpga/2013/22/contents
https://www.legislation.gov.uk/uksi/2010/2955/contents/made
https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service
https://www.justice.gov.uk/courts/procedure-rules/family/rules_pd_menu
Key points
The single Family Court opened on 22 April 2014.
It replaced the previous fragmented structure for most family proceedings.
The High Court Family Division still retains jurisdiction for the most complex matters.
The aim of reform was to improve efficiency, consistency and access to justice.
Understanding the Family Court in England and Wales
Part 1 – Chapter 3
Creation of the Single Family Court
Overview
On 22 April 2014, a single Family Court for England and Wales came into operation under the Crime and Courts Act 2013. The reform simplified the family justice system by replacing multiple first-instance family courts with one unified court, while preserving the specialist role of the High Court for the most complex matters.
Objectives of the reform
Provide a single point of entry for most family cases.
Reduce delays caused by transferring cases between courts.
Ensure cases are heard by the right level of judge.
Improve consistency in decision-making.
Support active judicial case management.
How a case enters the Family Court
Most private law and public law applications begin in the Family Court. After an application is issued, court staff and the judiciary consider the nature and complexity of the case before allocating it to the appropriate level of judge.
Stage Purpose
Application received Court checks forms, fees (where applicable) and supporting documents.
Issue The case is formally opened.
Allocation A judge or legal adviser allocates the case according to complexity and judicial level.
Case management Directions are given to prepare the case for hearing.
Allocation principles
Allocation is guided by the complexity of the issues, the seriousness of the allegations, the evidence required, the need for judicial continuity and the efficient use of court resources. Straightforward cases may be heard by magistrates or a District Judge, while complex matters may be allocated to a Circuit Judge or transferred to the High Court.
Relationship with the High Court
The High Court Family Division remains part of the family justice system and continues to hear cases involving exceptional complexity, international issues, inherent jurisdiction, serious medical treatment, and important points of law.
Digital modernisation
Since 2014, the Family Court has increasingly adopted digital case management, electronic filing in many case types, remote and hybrid hearings where appropriate, and electronic court bundles.
Practical example
A parent applying for a Child Arrangements Order will usually issue the application in the Family Court. Following safeguarding checks and initial review, the case is allocated to the appropriate judge.
If unexpected complexity arises, the case can later be reallocated.
Official resources
https://www.legislation.gov.uk/ukpga/2013/22/contents
https://www.justice.gov.uk/courts/procedure-rules/family/rules_pd_menu
https://www.gov.uk/find-court-tribunal
https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service
Chapter summary
The single Family Court began operating on 22 April 2014.
It simplified the family justice system by creating one principal court for family proceedings.
Cases are allocated according to complexity rather than the court in which they start.
The High Court retains responsibility for the most complex and exceptional family cases.
Understanding the Family Court in England and Wales
Part 1 – Chapter 4
Jurisdiction of the Family Court
What does 'jurisdiction' mean?
Jurisdiction is the legal authority of a court to hear and determine a case. Before a Family Court can make an order, it must have jurisdiction over the subject matter, the people involved and, where relevant, the geographical area.
Types of jurisdiction
Type Explanation
Subject-matter The kinds of cases the Family Court is allowed to hear, such as child arrangements, care proceedings and financial remedies.
Territorial Whether England and Wales is the correct legal jurisdiction.
Personal Whether the court has authority over the parties involved.
Appellate The authority to hear appeals from lower decisions.
Jurisdiction under key legislation
The Family Court derives much of its authority from Acts of Parliament, including the Children Act 1989, Family Law Act 1996, Matrimonial Causes Act 1973, Matrimonial and Family Proceedings Act 1984 and the Crime and Courts Act 2013. The Family Procedure Rules 2010 govern how proceedings are conducted.
Private law jurisdiction
Private law cases usually concern disputes between parents or family members. Common applications include Child Arrangements Orders, Specific Issue Orders, Prohibited Steps Orders and Parental Responsibility matters.
Public law jurisdiction
Public law proceedings generally involve a local authority seeking protective orders for a child, including Care Orders, Supervision Orders and Emergency Protection Orders.
High Court jurisdiction
Although most family proceedings begin in the Family Court, the High Court Family Division retains jurisdiction for cases involving international child abduction, inherent jurisdiction, complex medical treatment, serious international disputes and other exceptional matters.
International jurisdiction
Some family cases involve more than one country. The court may need to determine where a child is habitually resident, whether an English court is the appropriate forum, or whether international conventions apply. These cases can be legally complex and specialist advice is often required.
Transfer of proceedings
If a case becomes more complex, or if important legal issues arise, it may be transferred to a higher level of judge or, in appropriate cases, to the High Court.
Practical example
A straightforward application for a Child Arrangements Order will usually remain within the Family Court. However, if one parent removes the child to another country, questions of international jurisdiction may arise and the High Court may become involved.
Official resources
https://www.legislation.gov.uk/ukpga/1989/41/contents
https://www.legislation.gov.uk/ukpga/1996/27/contents
https://www.legislation.gov.uk/ukpga/1973/18/contents
https://www.legislation.gov.uk/uksi/2010/2955/contents/made
https://www.justice.gov.uk/courts/procedure-rules/family/rules_pd_menu
Key points
Jurisdiction determines whether a court has legal authority to hear a case.
The Family Court hears most family proceedings in England and Wales.
The High Court retains jurisdiction for particularly complex or exceptional cases.
International cases often involve additional legal rules and jurisdictional questions.
Understanding the Family Court in England and Wales
Part 1 – Chapter 5
Types of Family Court Cases
Introduction
The Family Court deals with a wide range of legal matters affecting children, families and relationships. The type of application made determines which law applies, what evidence is needed and what powers the court has.
Overview of case types
Category - Who brings the case? - Examples - Main legislation
Private law - Parents/family members - Child Arrangements, Specific Issue, Prohibited Steps - Children Act 1989
Public law - Local authority - Care, Supervision, Emergency Protection - Children Act 1989
Divorce & finances - Spouses/civil partners - Divorce, financial remedies - Matrimonial Causes Act 1973
Adoption - Local authority/adopters - Placement and Adoption Orders - Adoption and Children Act 2002
Domestic abuse - Victim/applicant - Non-molestation, Occupation Orders - Family Law Act 1996; Domestic Abuse Act 2021
Private law children cases
Private law cases usually arise where parents or other people with parental responsibility disagree about arrangements for a child. The court's focus is the child's welfare rather than determining which parent is 'right'.
- Child Arrangements Orders
- Specific Issue Orders
- Prohibited Steps Orders
- Parental Responsibility applications
- Enforcement applications
Public law children cases
Public law proceedings are generally started by a local authority when it believes a child may be suffering, or is likely to suffer, significant harm. The court decides whether legal intervention is necessary.
- Care Orders
- Supervision Orders
- Emergency Protection Orders
- Interim Care Orders
- Secure accommodation applications
Divorce and financial remedy
The Family Court also deals with divorce and dissolution applications, together with financial claims relating to property, pensions, maintenance and capital following the end of a marriage or civil partnership.
Adoption
Adoption proceedings permanently transfer parental responsibility to adoptive parents. The court must be satisfied that adoption is in the child's lifelong welfare interests.
Domestic abuse proceedings
The Family Court can make protective injunctions such as Non-Molestation Orders and Occupation Orders. These proceedings may run alongside child arrangements cases where allegations of abuse are relevant.
Specialist family proceedings
- Forced Marriage Protection Orders
- Female Genital Mutilation Protection Orders
- Declarations of parentage
- International child abduction
- Inherent jurisdiction cases
- Medical treatment applications
How the court decides what type of case it is
When an application is issued, the court identifies the legal basis of the application and allocates the case to the appropriate procedure and judicial level. Different case types follow different procedural pathways under the Family Procedure Rules.
Official resources
https://www.gov.uk/looking-after-children-divorce/apply-for-court-order
https://www.gov.uk/divorce
https://www.gov.uk/child-adoption
https://www.gov.uk/guidance/domestic-abuse-how-to-get-help
https://www.legislation.gov.uk/ukpga/1989/41/contents
https://www.legislation.gov.uk/ukpga/2002/38/contents
Chapter summary
- Family Court work is divided into distinct legal categories.
- Different legislation and procedures apply to each type of case.
- Children's welfare is central to child-related proceedings.
- The court's powers depend on the application before it.
Understanding the Family Court in England and Wales
Part 1 – Chapter 6
Which Court Hears Which Cases?
Introduction
Although there is now a single Family Court in England and Wales, not every case is heard by the same level of judge. Cases are allocated according to complexity, urgency, legal issues and the powers required.
The Family Court structure
Judicial level - Typical cases - Comments
Lay Magistrates - Many straightforward private law children cases - Sit as a bench of three with a legal adviser.
District Judge - Private law, financial remedies, domestic abuse and many public law hearings - Handles a wide range of family work.
Circuit Judge - Complex children and finance cases - Often hears longer or legally
complex matters.
High Court Judge - International, inherent jurisdiction and exceptional cases - Family Division retains specialist jurisdiction.
Examples of allocation
Application - Common allocation
Child Arrangements Order - Usually Magistrates or District Judge
Specific Issue / Prohibited Steps - Usually Magistrates or District Judge
Care Proceedings - District Judge or Circuit Judge
Adoption - District Judge or Circuit Judge
Financial Remedy - District Judge, with complex cases before a Circuit Judge
International Child Abduction - High Court Family Division
Can a case move to another judge?
Yes. Allocation is not fixed. If a case becomes more complex, raises significant legal issues or requires powers unavailable at its current level, it may be transferred to a higher judicial level. Likewise, issues may be returned to a lower level where appropriate.
The role of the High Court
The High Court Family Division deals with matters of exceptional importance, including international child abduction, inherent jurisdiction, life‑sustaining medical treatment, complex public law issues and appeals or cases transferred because of their complexity.
How allocation decisions are made
Allocation decisions are guided by legislation, the Family Procedure Rules, allocation guidance and judicial case management. Factors include the seriousness of allegations, complexity of evidence, vulnerability of parties, number of witnesses and estimated hearing length.
Key points for court users
- Most applications begin in the Family Court.
- You cannot choose which judge hears your case.
- The court may reallocate a case as it develops.
- The allocation of a case does not indicate the likely outcome.
Official resources
https://www.gov.uk/find-court-tribunal
https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service
https://www.justice.gov.uk/courts/procedure-rules/family/rules_pd_menu
https://www.legislation.gov.uk/ukpga/2013/22/contents
Chapter summary
Understanding which level of judge hears different family proceedings helps explain how the Family Court operates. Allocation is based on legal and practical considerations rather than the wishes of the parties, and cases can be transferred if circumstances change.
Understanding the Family Court in England and Wales
Part 1 – Chapter 7
Allocation of Cases
Introduction
Once an application has been issued, the Family Court must decide the most appropriate level of judge to hear the case. This process is known as allocation. The aim is to ensure that each case is managed efficiently, proportionately and by a judge with the appropriate powers and experience.
Why allocation matters
- Ensures cases are heard by the appropriate judicial level.
- Promotes efficient use of court resources.
- Supports timely case management and reduces delay.
- Allows complex cases to receive appropriate judicial oversight.
Factors considered during allocation
Factor Examples
Complexity Novel legal issues, multiple applications, extensive evidence.
Safeguarding Allegations of abuse, neglect or significant harm.
Urgency Risk of immediate harm or need for emergency orders.
Length Estimated hearing time and number of witnesses.
Judicial continuity Keeping the same judge where it benefits the case.
Who makes the allocation decision?
Allocation is made under the Family Court's case management powers. Administrative checks are completed by court staff, while judges or authorised legal advisers determine the appropriate judicial level in accordance with legislation, the Family Procedure Rules and allocation guidance.
Can allocation change?
Yes. Allocation is reviewed throughout proceedings. If new evidence emerges, allegations become more complex, or additional legal issues arise, the case may be transferred to a different judge or, in exceptional circumstances, to the High Court.
Case management after allocation
After allocation, the court gives directions about disclosure, witness statements, expert evidence (where permitted), safeguarding information, hearing dates and any interim orders needed before the final hearing.
Practical example
A straightforward Child Arrangements application may initially be listed before magistrates. If serious allegations of domestic abuse require a fact-finding hearing with extensive evidence, the case may later be reallocated to a District Judge.
Official resources
https://www.justice.gov.uk/courts/procedure-rules/family/rules_pd_menu
https://www.legislation.gov.uk/uksi/2010/2955/contents/made
https://www.legislation.gov.uk/ukpga/2013/22/contents
https://www.gov.uk/find-court-tribunal
Checklist for court users
- Read every court order carefully.
- Meet all deadlines for filing documents.
- Tell the court promptly if circumstances change.
- Attend every hearing unless excused by the court.
- Seek legal advice if you are unsure about directions.
Chapter summary
Allocation is an ongoing process rather than a one-off decision. The Family Court can
review and change allocation whenever it is necessary to ensure that the case is dealt with fairly, efficiently and by the appropriate level of judge.
Understanding the Family Court in England and Wales
Part 1 – Chapter 8
The Judiciary and Court Personnel
Introduction
Family Court cases are heard by independent judges or, in some cases, lay magistrates. They are supported by legal advisers and court staff. Each person has a distinct role, and understanding those roles helps court users know what to expect.
The different judicial roles
Role - Typical work - Key responsibilities
Lay Magistrates - Many private law children cases - Hear evidence, make findings and decisions with support from a legal adviser.
District Judge - Private law, finance and domestic abuse - Case management, interim hearings and final decisions.
Circuit Judge - Complex family proceedings - Longer hearings, appeals and legally complex matters.
High Court Judge - Exceptional and international cases - Determines the most serious or complex family cases.
Legal Advisers
Legal advisers are qualified lawyers who assist magistrates on procedure and the law. They do not decide the outcome of a case; judicial decisions remain the responsibility of the magistrates.
Court Associates and Ushers
Court associates help the judge during hearings by managing the case list and recording orders. Ushers organise the courtroom, call cases, assist parties and liaise with witnesses.
Judicial independence
Judges must decide cases independently, based only on the law and the evidence presented. They must not be influenced by public opinion, the media, political views or pressure from any party.
Judicial impartiality
Every party is entitled to a fair hearing before an impartial tribunal. Judges must treat all parties equally, avoid bias and give each person a proper opportunity to present their case.
Recusal
If there is a real possibility that a judge may appear biased, the judge may recuse themselves (step aside) and another judge may hear the case. Applications for recusal are determined according to established legal principles.
Judicial case management
The Family Court has extensive powers to manage proceedings. These include setting timetables, limiting issues, directing disclosure, controlling expert evidence, fixing hearing dates and encouraging the efficient resolution of disputes.
What judges cannot do
- Provide legal advice to either party.
- Investigate evidence independently.
- Ignore the law or court rules.
- Decide cases on personal opinion rather than evidence.
Official resources
https://www.judiciary.uk/
https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service
https://www.justice.gov.uk/courts/procedure-rules/family/rules_pd_menu
https://www.complaints.judicialconduct.gov.uk/
Key points
Judges are independent and impartial.
Legal advisers advise magistrates on law and procedure.
Court staff support the administration of hearings.
Judges manage cases actively to achieve a fair and efficient outcome.
Understanding the Family Court in England and Wales
Part 1 – Chapter 9
Court Buildings and Attending the Family Court
Introduction
Most Family Court hearings take place in HM Courts & Tribunals Service (HMCTS) court buildings. Knowing what to expect can reduce anxiety and help you prepare for your hearing.
Before you arrive
Read your hearing notice carefully.
Check the court address and start time.
Allow extra time for travel and security screening.
Bring all court documents and identification if requested.
Security
Family Courts have airport-style security. Bags may be searched and prohibited items confiscated. Security staff are responsible for the safety of everyone entering the building.
Facilities
Facility Purpose
Reception Provides directions and information.
Waiting areas Space for parties before hearings.
Consultation rooms Private discussions with legal representatives.
Accessible facilities Support for disabled court users.
Hearing rooms Where judges hear evidence and make decisions.
Special measures
The court may make arrangements to support vulnerable parties or witnesses. Depending on the circumstances, this may include separate waiting areas, remote participation, screens or other measures designed to reduce distress while maintaining a fair hearing.
Accessibility
HMCTS aims to make court buildings accessible. If you require an interpreter, hearing loop, wheelchair access or another reasonable adjustment, inform the court as early as possible.
Finding your courtroom
On arrival, report to reception or the court usher. They will direct you to the correct waiting area and courtroom and provide updates if hearings are delayed.
If you cannot attend
Do not simply fail to attend. Contact the court immediately if there is a genuine reason you cannot attend. The judge will decide whether the hearing should proceed, be adjourned or whether another direction is appropriate.
Official resources
https://www.gov.uk/find-court-tribunal
https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service
https://www.gov.uk/government/publications/hmcts-reasonable-adjustments-policy
Practical checklist
Arrive at least 30 minutes early.
Bring your papers in order.
Switch your phone to silent.
Inform the usher if you need adjustments.
Stay available until your case is called.
Chapter summary
Understanding how Family Court buildings operate helps reduce uncertainty. Arriving prepared, following security procedures and communicating with court staff will help your hearing run as smoothly as possible.
Understanding the Family Court in England and Wales
Part 1 – Chapter 10
Online Hearings
Introduction
Many Family Court hearings are now conducted remotely or as hybrid hearings. Remote hearings can save time and reduce travel, but they remain formal court proceedings. Everyone attending must behave as they would in a courtroom.
Types of hearing
Type Description
Remote hearing All participants join by video or telephone.
Hybrid hearing Some participants attend court while others join remotely.
In-person hearing Everyone attends the court building.
Platforms
HM Courts & Tribunals Service may use approved video platforms such as the Cloud Video Platform (CVP) or Microsoft Teams, depending on the court and case type. The court will tell you how to join.
Preparing for an online hearing
- Read the joining instructions carefully.
- Test your camera, microphone and internet connection.
- Have all court documents available.
- Join at least 10–15 minutes early.
- Choose a quiet, private location where you will not be interrupted.
Courtroom etiquette still applies
Remote hearings are official court proceedings. Dress appropriately, address the judge respectfully, do not interrupt others and ensure your microphone is muted when you are not speaking.
Recording and confidentiality
You must not record, livestream, photograph or broadcast a Family Court hearing unless the court has expressly authorised it. Unauthorised recording may amount to contempt of court or another offence.
Technical problems
If you lose your connection, try to rejoin immediately using the same link. If you cannot reconnect, contact the court office as soon as possible using the details provided in your hearing notice.
Accessibility
If you require adjustments because of a disability, language needs or other circumstances, notify the court in advance so appropriate arrangements can be considered.
Official resources
https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service
https://www.gov.uk/find-court-tribunal
https://www.justice.gov.uk/courts/procedure-rules/family/rules_pd_menu
Online hearing checklist
- Charge your device before the hearing.
- Keep your phone on silent unless using it to join the hearing.
- Close unrelated applications.
- Keep documents within easy reach.
- Remain available until the judge ends the hearing.
Chapter summary
Online hearings are an established part of the Family Court system. With good preparation and by following the court's directions, parties can participate effectively while maintaining the same standards expected in a courtroom.
Understanding the Family Court in England and Wales
Part 1 – Chapter 11
Court Etiquette
Introduction
Whether you attend in person or remotely, Family Court proceedings are formal legal proceedings. Good preparation and respectful behaviour help the court deal with cases fairly and efficiently.
Before the hearing
- Read all court orders and notices carefully.
- Prepare your documents in date order.
- Arrive early or join the online hearing in good time.
- Bring a notebook and pen to record directions.
Dress and appearance
There is no formal dress code for members of the public, but smart, clean and respectful clothing is recommended. Clothing with offensive slogans or images should be avoided.
Addressing the court
Judicial office Common form of address
District Judge Sir or Madam
Circuit Judge Your Honour
High Court Judge My Lord or My Lady
Lay Magistrates Sir, Madam or the Chair
Speaking during the hearing
Speak clearly, remain calm and answer the question asked. Do not interrupt the judge or another person who is speaking unless invited to do so. If you do not understand something, politely ask for clarification.
Behaviour in court
Turn mobile phones to silent.
Do not eat, vape or smoke in the courtroom.
Treat everyone respectfully, including the other party.
Follow directions given by the judge and court staff.
Confidentiality
Family proceedings are generally private. Information disclosed during proceedings may be subject to legal restrictions. Do not publish confidential information or identify children unless permitted by law or by the court.
Recording proceedings
Audio or video recording of Family Court proceedings is prohibited unless expressly authorised by the court. Unauthorised recording may lead to contempt of court proceedings or other legal consequences.
If you disagree with a decision
Remain respectful. If you believe the judge has made an error of law or procedure, the appropriate remedy is usually an appeal or another lawful application—not arguing with the judge after a decision has been made.
Official resources
https://www.gov.uk/find-court-tribunal
https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service
https://www.judiciary.uk/
https://www.justice.gov.uk/courts/procedure-rules/family/rules_pd_menu
Court etiquette checklist
Be punctual.
Be respectful.
Be organised.
Listen carefully.
Follow court directions.
Ask politely if you need clarification.
Chapter summary
Good courtroom etiquette demonstrates respect for the judicial process and helps hearings run efficiently. Remaining calm, prepared and courteous will assist both you and the court throughout your proceedings.
Understanding the Family Court in England and Wales
Part 1 – Chapter 12
The Overriding Objective
Introduction
Every family case in England and Wales is governed by the overriding objective in Part 1 of the Family Procedure Rules 2010. It provides the framework that guides how the court manages cases and how parties are expected to conduct themselves.
What is the overriding objective?
The overriding objective requires the court to deal with cases justly, having regard to any welfare issues involved. This includes ensuring fairness, using court resources proportionately, avoiding unnecessary delay and actively managing proceedings.
Core principles
- Deal with cases fairly and justly.
- Give appropriate weight to the welfare of any child involved.
- Save expense where possible.
- Deal with cases proportionately.
- Ensure cases are handled expeditiously and fairly.
- Allocate an appropriate share of the court's resources.
Active case management
Judges actively manage cases by identifying the issues, setting timetables, encouraging cooperation where appropriate, limiting unnecessary evidence, giving directions and ensuring hearings focus on the matters that genuinely require a judicial decision.
Responsibilities of the parties
The overriding objective is not only for judges. Parties, their legal representatives and anyone involved in proceedings must help the court achieve it by complying with directions, meeting deadlines, being truthful and narrowing issues wherever possible.
Delay and the welfare of children
In cases involving children, unnecessary delay can have a significant impact on a child's welfare. For that reason, the Family Court seeks to progress cases efficiently while ensuring every party receives a fair hearing.
Practical examples
Situation Application of the overriding objective
Late evidence The court may refuse or limit evidence if admitting it would cause unnecessary delay without good reason.
Unnecessary witnesses The court may restrict witness evidence to relevant issues.
Failure to comply with directions The court may make further case management orders or impose consequences permitted by the rules.
Official resources
https://www.justice.gov.uk/courts/procedure-rules/family/parts/part_01
https://www.justice.gov.uk/courts/procedure-rules/family/rules_pd_menu
https://www.legislation.gov.uk/uksi/2010/2955/contents/made
https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service
Key points
The overriding objective applies throughout family proceedings.
Judges and parties share responsibility for achieving it.
Efficient case management promotes fairness and reduces delay.
The welfare of children is a central consideration in child-related proceedings.
Conclusion
Understanding the overriding objective helps explain why judges make case management decisions, set deadlines and expect compliance with court orders. It is one of the most important concepts in the Family Procedure Rules and underpins the operation of the Family Court.