What Is a Litigant in Person and What Help Can I Get in Family Court?

A litigant in person is someone who represents themselves in court proceedings without a solicitor managing their case. In family courts in England and Wales, a significant and growing proportion of parties are self-represented. If you are in this position, it helps to understand what the court expects of you and what support is available.

How Does the Court Treat Litigants in Person?

Family courts are accustomed to dealing with unrepresented parties and make reasonable allowances for the fact that you are not a lawyer. Judges will usually explain procedure and what is expected of you at each stage. However, the court cannot give you legal advice or tell you what arguments to make. It must remain impartial.

What Are the Challenges?

The main challenges for litigants in person are understanding the procedural requirements, completing court forms correctly, preparing position statements and witness statements that are clear and focused, cross-examining the other party effectively, and making oral submissions at hearings. These are skills that legal professionals develop through years of practice. Mistakes in procedure or presentation can affect the outcome.

Can You Get Limited Help From a Barrister Without Full Representation?

Yes. This is one of the most valuable aspects of the Direct Access scheme. You do not have to choose between full solicitor-managed representation and going it entirely alone. A direct access barrister can advise you on your legal position without taking over the whole case, review your witness statement and suggest improvements, draft specific documents such as a position statement or skeleton argument, and attend court to represent you at a specific hearing while you manage the administration yourself.

This approach is sometimes called unbundled legal services or limited scope representation. It gives you expert input at the stages where it matters most without the cost of full management.

What Is a McKenzie Friend?

A McKenzie Friend is a person who accompanies a litigant in person to court hearings to provide moral support, take notes, and quietly assist with papers. They are not legal representatives and cannot address the court unless given specific permission by the judge. Some McKenzie Friends charge for their services; others are volunteers. They do not have professional obligations or insurance in the way that barristers do.

What Free Resources Are Available?

The court service provides guidance leaflets for litigants in person on its website. Citizens Advice can provide initial guidance. Some family courts have a duty adviser scheme where a solicitor or barrister provides brief free advice on the day of a hearing. The Personal Support Unit provides non-legal support at some court centres.

Summary

Litigants in person can manage family court proceedings themselves, but many find targeted legal help through a direct access barrister significantly improves their position without the cost of full representation. Limited scope assistance: advice, document drafting, or representation at a single hearing: is available through the Direct Access scheme.

Get in touch with the team at Barrister Connect and we will find the right barrister for your situation quickly. Contact us today.