Our Guide to Family Court  

When family matters become more complicated and can’t be resolved, attending a Family Court may be necessary to formally resolve your issues. The legal process can seem overwhelming and complicated, especially for those who haven’t had experience of Family Court before. That’s why doing some prior research and knowing what to expect can be helpful to prepare yourself.  

At Eatons Solicitors, we support clients through family law proceedings every day. In this guide, we'll explain what Family Court is, how the process works and how a solicitor can help you along the way. 

What is Family Court? 

The Family Court is where legal issues relating to families and relationships are handled, including childcare arrangements and welfare, financial disputes, separation, divorce, and domestic violence. 

Family Court proceedings are markedly different from criminal and civil court cases, and usually focus on resolving family disputes and reaching an agreement fairly. In cases where there are children involved, Family Court is designed to make decisions based on the child’s welfare and best interests.  

Having a serious family dispute doesn’t always mean that Family Court needs to be involved. Families are encouraged to resolve their issues and reach an agreement through negotiation or mediation, without needing to attend court. However, if no resolutions can be agreed, Family Court may become necessary. 

How do Family Court proceedings work?  

The process for each type of application being made will vary. The process for making financial arrangements after divorce, for example, is different to the process for childcare and arrangements after separation. Once an application has been made by a party, you will be sent some paperwork with details of what you need to do, and the date and location of the Family Court hearing.  

The paperwork may include specific deadlines that you need to comply with, so make sure you read it carefully and do everything that is requested of you. 

What to expect at the first hearing?  

The first hearing offers an opportunity for the court to understand the issues in dispute and decide what needs to happen next. 

The court will try to encourage the parties to reach an agreement (depending on the circumstances), but if an agreement can’t be reached, they will instruct you on further steps. This might include making statements, providing further information or organising another hearing.  

If your case involves children, the court may also involve The Children and Family Court Advisory and Support Service, which is dedicated to promoting the welfare of children involved in Family Court.  

Will I need to give evidence?  

You may be required to give evidence or make a statement, but it’s not always required.  

If you are required to give evidence, your solicitor will walk you through this beforehand, and help you prepare. Being called to give evidence usually involves answering questions about the circumstances of your case, either by your own legal representative or by the other party's representative. 

How long does the Family Court process take?  

There is no set timeframe for how long Family Court proceedings will take, and it all depends on the complexity of the case. Some cases might be resolved quickly, especially if all parties can agree, but more complicated cases with more issues in dispute will take longer.  

If expert or welfare reports are needed as evidence to help reach a decision, this could also have an impact on how long it takes. 

Other factors such as court availability dates might also affect how long the process will take. Your solicitor will be able to advise you on what to expect, and communicate any delays.  

How a family solicitor can support you  

A family solicitor has years of expertise in dealing with Family Court, and representing clients to support them through the process. Having the right legal support can make a huge difference to how smoothly the process goes, understanding your legal position and getting the best outcome for everyone involved.  

They will also support you with documentation, communicate with the other party and their solicitor, and represent you at hearings.  

At Eaton Solicitors, our job is to provide you with practical, professional advice tailored to your individual circumstances.  

Contact us  

If you’re considering making a Family Court application, or have already applied, getting ahead of the process with some legal advice may be helpful so you can work out your next steps. Our family law team can explain the options available to you, answer your questions and provide support throughout your case. 

Contact Eatons Solicitors on 0800 998 1155 to arrange a meeting with one of our experienced family solicitors.