Hear by Hearing

Representing yourself in the Family Courts can be a daunting prospect, but it is important to remember that the court is used to dealing with individuals who are not represented by a lawyer. As a litigant in person, you do not have to go through the process alone; there are sources of help available who can provide support and guidance throughout the proceedings. However, these organisations and individuals cannot act on your behalf or speak for you in court. None of them will be able to do for you what we can do.

It is essential that during the hearing you remain respectful and courteous at all times. You should not interrupt anyone who is speaking and allow them to finish before responding. It is also important to remember that although you may be representing yourself, you still need to present yourself professionally and follow any instructions given by the judge or magistrate. By following these guidelines, you will ensure that your case is heard fairly and efficiently.

A McKenzie Friend is a non-lawyer who accompanies a litigant to court hearings in order to provide assistance. This could include taking notes, helping to organize documents, and making suggestions as to questions that should be asked of witnesses. Although the McKenzie Friend does not have an automatic right to address the court directly, they can ask for permission from the court to do so. This is known as a right of audience and is subject to very strict rules which regulate its exercise.

The Joint Practice Guidance provides guidance on how courts should handle McKenzie Friends in court proceedings. It outlines what rights and responsibilities the McKenzie Friend has when representing a litigant in court, such as being able to call and examine witnesses if granted a right of audience by the court. The guidance also sets out how courts should assess applications for a right of audience from McKenzie Friends.

Cross examination is a key part of the legal process, and it occurs during a Final or Fact-finding Hearing. During this stage, both sides are given the opportunity to question each other or any witnesses on their statements or evidence. This allows for an in-depth exploration of the facts and helps to ensure that all relevant information is considered before a decision is made.

Cross examination can be a difficult process for those involved, as it requires them to answer questions under pressure and defend their position. It also requires them to think quickly and respond accurately in order to avoid making mistakes that could have serious consequences. As such, it is important that those taking part in cross examination are well prepared and understand the implications of their answers.