Do I need a lawyer?+

It is always a good idea to talk to an expert about your situation before you get to court but, for many people, the cost puts them off or prevents this. You are not required to obtain legal advice but it is usually helpful and is recommended. You can make the application yourself without using a lawyer. People who are involved in court proceedings without lawyers are known as litigants in person.

What is the difference between a solicitor and a barrister?+

You can get legal advice about your situation and your upcoming hearing in the family court from a specialist family law solicitor. Your solicitor can also represent you (speak for you) in court on the day of your hearing or they might instruct a barrister to do this instead. Charges will vary from firm to firm and according to the seniority of the solicitor but do not be afraid to ring round for the best price as you would when paying for any service. You can find a list of local firms of solicitors here.

You can also go direct to a barrister and ask them to represent you in court on the day of your hearing. This could be less expensive than instructing a solicitor who then, in turns, instructs a barrister on your behalf but it will mean that you have to provide the barrister with the details of your case yourself. Be aware that, the more information that you give the barrister to look at, the more expensive it is likely to be as it will require more time. It is best to be really focussed and specific when giving your instructions to the barrister so you should spend some time identifying the key issues that are really important to you. Contact details for local barristers are here.

Paid for advice+

It is always a good idea to talk to an expert about your situation before you get to court but, for many people, the cost puts them off or prevents this.

You can get legal advice about your situation and your upcoming hearing in the family court from a specialist family law solicitor. Your solicitor can also represent you (speak for you) in court on the day of your hearing or they can instruct a barrister to do this instead. Charges will vary from firm to firm and according to the seniority of the solicitor but do not be afraid to ring round for the best price as you would when paying for any service. You can find a list of local firms of solicitors here.

You can also go direct to a barrister and ask them to represent you in court on the day of your hearing. This could work out cheaper than instructing a solicitor who then, in turns, instructs a barrister on your behalf but it will mean that you have to provide the barrister with the details of your case yourself. Be aware that, the more information that you give the barrister to look at, the more expensive it is likely to be as it will require more time. It is best to be really focussed and specific when giving your instructions to the barrister so you should spend some time identifying the key issues that are really important to you.
Contact details for local barristers are here.

Can I get Legal Aid to pay my legal fees?+

Financial support for family law cases has almost completely disappeared. To access Legal Aid, you will need to show that you meet a ‘means test’ (your income and capital must be quite low), that your case is strong enough (this is called a ‘merits test’) and that your case is covered by Legal Aid (this is called ‘scope’).

For most disputes between parents or other family members (for example about where your child lives or when you see your child) and for disputes about finances when you divorce, Legal Aid is only available where there is evidence that you are a victim of domestic abuse or that the child is at risk of abuse from the other person involved.

If you are a parent (or someone who has parental responsibility for a child, for example a grandparent with a Residence or Special Guardianship Order or a Child Arrangements Order that says the child should live with you) and Social Services begin court proceedings about the child called ‘care proceedings’ you will be automatically entitled to Legal Aid regardless of your income. If you need to seek an injunction to protect you or your child from domestic abuse, violence or harassment you may qualify for Legal Aid as long as you meet the means test (the means test is not as strict for injunction cases).

If you are worried that your child might be abducted to another country or your child has already been abducted to another country you may qualify for Legal Aid as long as you meet the means test. If you think that you might be eligible, you should contact a solicitor who is able to take on Legal Aid cases (not all do) – there is a list of local Legal Aid solicitors here.

Free advice+

The ARU Law Clinic offers free half hour appointments with specialist family lawyers who could be either solicitors or barristers. These lawyers are supported by law students from Anglia Ruskin University who will meet you first to find out the details of your problem. They will brief the lawyer on duty who will then see you to give you half an hour of face-to-face or online legal advice. The students will take full notes of the advice for you and those notes can be taken away with you or emailed to you.

All advice is by appointment only so you should call 01223 698498 to have a chat about your problem and to find out when you can be seen. You can also email lawclinic@aru.ac.uk or you can visit the webpage here.

The Law Clinic also runs a Support@Court service in the Cambridge Magistrates' Court every Wednesday morning between 9.30am-1pm. A supervised team of law students can assist you by letting you know how the hearing is likely to go, what you should call the judge or magistrates, where you should sit once you are in the court and they can help you to get your papers in order. They can also go into court with you to give you moral support through the hearing. They can’t speak on your behalf but many people find it helpful to have someone with them.