Family Litigants in Person for Dummies
By specialist legal consultant and McKenzie friend Rodney Hylton-Potts.
Being a litigant in person is nothing to be afraid of. These should be useful tips.
1. Just as solicitors you have to comply with the Court rules. One is to prepare bundles for yourself, the other side and the Judge. Other than cases in the Royal Courts of Justice or before a High Court judge, a bundle is only needed for hearings going to last over an hour, but it is a very good idea to prepare them every time.
Buy four lever arch files on Amazon or W.H. Smith set up a bundle cover as follows.
Case Number:
IN THE PRINCIPAL REGISTRY
OF THE FAMILY DIVISION
BETWEEN
Petitioner
-and-
Respondent
___________________________________
Application Bundle
___________________________________
Printed on A4 paper and also half an A4 (justify right) to go on the spine of the lever arch files.
Then an index which should have five sections as follows.
Case Number:
IN THE PRINCIPAL REGISTRY
OF THE FAMILY DIVISION
BETWEEN
Applicant
-and-
Respondent
___________________________________
Index to Application Bundle
___________________________________
Section A – Preliminaries
Page Number Description of Document
1
Section B – Applications and Orders
Page Number Description of Document
1.
Section C – Statements and Affidavits
Page Number Description of Document
1
Section D – Expert Reports
Page Number Description of Document
1
Section E – Documents
Page Number Description of Document
1
If you are applying for contact, after issue at the court, copy and hole punch the CA100 form which goes in Section B, and the FM1 (mediation form) which goes in Section E. The contents of the file has to have page numbers in the bottom right-hand corner in a felt tip pen. Each section is separately numbered, so each section starts at number one.
When you get the response, and witness statements as the case develops, they are hole punched and placed in the files and kept up to date.
2. When going to court retrieve the bundle that the judge uses at Court to avoid having to make up a fresh file from scratch each time.
3 Preparation
Where a family matter or children are involved we all go to pieces a bit but it is vital to be organised with good “housekeeping”. If you were going for a job interview, or a meeting at a bank, you would be organised with a laptop, pen, clean shoes etc. Even if emotions run high it is vital to keep to those basic standards. You can be sure the other side will be organised.
4. Your conduct.
You are ‘in a play’, “on a stage”. Everything you do say write or text is evidence. No late night emails or texts after a few drinks. We have all done it. Do not. Think before you click.
Assuming your calls are recorded. They are quite likely to be and yes they can be used in evidence.
Always say to ‘our’ children not ‘my’ children.
5. The Night Before
Early night, half a sleeping pill. Get there in good time. Take some Smints and an apple. No. This is not a joke. I am deadly serious.
6. In Court
This is your big day and your life. Do not blow it. Be confident. If you do not understand something, say so. If you want to make notes before responding to something, do so.
If you have a lawyer or McKenzie friend helping you but not in Court, and things are not going to plan, say to the Judge “I am here myself, somebody has been helping me. Please would you give me just ten minutes to telephone him on my mobile”.
Judges usually say Yes we help many clients like this. It is very cost effective.
7. Conduct at the case in Court.
If you are applying for contact, it is your application so you start. Write up what you are going to say and read it if you find that easier.
It might go like this.
“My name is John Smith and this is my application for contact our (not ‘my’) son Peter aged three.
I am a litigant in person. The mother is represented by Bloggs & Co Solicitors. The directions I ask for today are:
(a) A Cafcass report.
(b) Witness statements.
(c) Disclosure of the child’s address.
5. Cross Examination of the mother
Do not ask anything for the sake of it. It is often better to ask nothing unless you know why you are asking it. You might get the wrong answer.
Example: Father to mother.
“Do you admit to having taken cocaine?”
Reply from mother:
“Yes. Once. You took so much I thought there must be something in it”.
Never ask a question unless you know what answer you are going to get and only if that answer is going to help you.
Cross examination is not for making speeches.
6. When you are being cross-examined.
Answer the question, I repeat answer the question. Sounds easy doesn’t it. It is not easy. You have to concentrate and answer the question and no more.
Example
Do you admit being arrested in December after an altercation with your wife?
If you were arrested the answer is ‘Yes’. What you did not do is say ‘Yes, but she hit me first and exaggerated and said I would never see our son again, and she lied to the police and she should have been the one who was arrested.’
Instead make a note of the point in a notebook in the witness box. And then when your turn comes to respond after cross-examination, you say calmly and clearly
‘You will remember that I was arrested in December. My wife hit me first exaggerated to the police and never said I would see our son again. She lied to the police. The were no bruises, and this should not be taken as a good example of my behaviour.’
And finally never, never, never give up on your children.
By specialist legal consultant and McKenzie friend Rodney Hylton-Potts.