Information

What is the difference between using a solicitor, barrister or a McKenzie Friend?

Family law solicitors offer you legal advice, can contact the other party on your behalf (for example, writing a letter to try and reach agreement), and can assist with all your forms and statements. However, most will instruct a barrister for your hearings, adding thousands to already high costs.

McKenzie Friends can do most things a solicitor would do, with a few exceptions - we don't represent you (you remain a litigant in person); we are not allowed to liaise with the other party nor file documents for you. We cannot speak on your behalf in court, as a barrister would, but we can advise you before, during and after the hearing. If the other party is represented, we can support you in pre-hearing discussions.

Of course, the biggest difference is the cost. Whilst solicitors charge hundreds of pounds per hour (and some barristers charging well in excess of this), at Rowan Family Law our fees are just £50 per hour, and you can use your McKenzie Friend as little or as much as you need to - you are still in control of your own case.

What about mediation? Do I have to try this first?

In most cases, yes, you need to have at least attempted mediation prior to making an application to court. If the other party is unwilling to engage, or mediation breaks down without resolution, the mediator will give you a MIAM form - this needs to be sent in with your court application.

There are some exemptions to this requirement however, and you can check the full list here: PRACTICE DIRECTION 3A – FAMILY MEDIATION INFORMATION AND ASSESSMENT MEETINGS (MIAMS) – Justice UK The most common reasons for claiming exemption are urgency (for example, where the child or someone else is at imminent risk of harm, or of being removed from the country), and domestic abuse. If you and/or the child have been subjected to domestic abuse you may not be comfortable - or it may not be safe, or appropriate - to attend mediation. There is the option of "shuttle" mediation, though, whereby the mediator will go back and forth between you but you are not required to be in the same room as the other person. Always use a mediator accredited by the Family Mediation Council - you can search their website for one near you.

I am ready to make an application to court, what do I do now?

If you have attempted mediation, or are exempt, your next step is to make an application to court. In most cases this requires the C100 form; this form can be used to apply for a child arrangements order specifying where the child lives and how much time they spend with the other parent. The same form can also be used to apply for Specific Issue Orders (such as, determining the school the child/ren will go to), and Prohibited Steps Orders (for example, preventing the other parent from removing the child/ren from your care).

Depending on your circumstances and what you are applying for, you may need to fill in other forms such as the C1, or C2. If you are unsure, reach out to us for a consultation and we can guide you in the right direction. We can also check forms you have already filled, making corrections or advising you on the content to give your application the best chance of success.

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I have received communication or court papers from the other party, do I need to act?

If you have had a letter or email from a solicitor to discuss child arrangements, you are under no obligation to respond - but it might be in your best interests to do so, depending on the circumstances. Sometimes an abusive ex can use solicitors and threats of legal action as a means of post-separation abuse, in which case it may be better for you to ignore such communication or respond briefly as to your position, whilst seeking advice from your IDVA or similar. However, in some cases it may be a good idea to liaise with solicitors to try to reach agreement - just remember: they are paid to represent your client so will parrot what they say, and, any agreement reached via a solicitor or mediator is NOT legally binding unless it is made into a consent order by the family court.

If you have received an application, you are now the Respondent. You will, in most cases, need to respond using a C7 form. If the Applicant has made any allegations of harm, you need to respond to those and, if you have your own safeguarding concerns, you will need to complete a C1a form.

If you need help and guidance, get in touch today: