What are my options for representation in family court?

The answer in 30 seconds

This guide is about representation in private family court proceedings concerning children in England and Wales.

There are five main options:

1. Solicitor and Barrister
2. Solicitor only
3. Direct Access Barrister only
4. McKenzie Friend
5. Represent yourself

You can also combine these options and use different types of help at different stages of your case.

For a simple comparison, these are rough planning figures. These professionals do not all charge in the same way.

These are planning figures for comparison, not fixed national prices or market averages.

A barrister usually quotes a fee for a hearing or a piece of work rather than billing by the hour. A full hearing day may cost around £5,000, although fees can be lower or higher.

When comparing professional fees, always check whether VAT and any other charges are included in the quote.

For a fuller explanation of how quickly the total cost of a family court case can grow, read our separate guide:

How much will family court cost me?

1. Solicitor and Barrister

This is the traditional full-representation model.

What does the solicitor do?

The solicitor normally manages the case for you.

They may:

• advise you about the case;
• communicate with the other side;
• prepare court documents;
• help prepare statements;
• deal with court directions;
• organise evidence;
• instruct the barrister; and
• manage the case between hearings.

What does the barrister do?

The barrister is normally brought in for specialist advice and court advocacy.

They may:

• advise on difficult legal issues;
• prepare for the hearing;
• speak for you in court;
• question witnesses;
• make legal arguments; and
• make submissions to the judge.

Rough cost

For planning purposes:

Solicitor: roughly £200 to £600 per hour

Barrister: a fee for the hearing or piece of work, for example roughly £1,500 to £3,000 for a short hearing, with a full hearing day around £5,000

You may therefore be paying for both professionals.

A barrister will usually quote a fee for a hearing or a particular piece of work rather than an hourly rate.

Main advantage

You have professional help managing the case and representing you in court.

The solicitor manages the case and the barrister deals with the advocacy.

Main drawback

It can become extremely expensive.

If proceedings last months or years, the total cost can become very large.

2. Solicitor only

You can use a solicitor without having a barrister for every hearing.

A solicitor can advise you, prepare your case and represent you at many family court hearings.

What does the solicitor do?

Depending on what you instruct them to do, the solicitor may:

• give you advice;
• write letters and emails;
• prepare applications and statements;
• manage deadlines;
• communicate with the other party;
• prepare for hearings; and
• represent you in court.

For a more complex hearing, the solicitor may suggest instructing a barrister.

That does not mean you have to use a barrister for every hearing.

Rough cost

For planning purposes:

roughly £200 to £600 per hour

The total cost depends on how much work the solicitor does.

Main advantage

One professional can help manage the case from beginning to end.

Main drawback

Hourly costs can build quickly.

A few emails, telephone calls, document reviews and hearing preparation can add many billable hours.

3. Direct Access Barrister only

You do not always need a solicitor to instruct a barrister.

Some barristers are authorised to accept instructions directly from members of the public.

This is called:

Public Access

or commonly:

Direct Access.

What does the barrister do?

You can instruct a Direct Access barrister for things such as:

• advice;
• reviewing documents;
• helping with important written work;
• preparing for a hearing; and
• representing you in court.

What do I do?

This is the important difference.

If you do not have a solicitor, you will often need to manage much of the case yourself.

That can include:

• dealing with court correspondence;
• keeping track of deadlines;
• organising documents;
• filing documents;
• serving documents; and
• preparing the case between hearings.

Some Public Access barristers are authorised to handle formal case steps such as filing and serving documents for you. Many are not.

Ask exactly what the barrister will and will not do before instructing them.

Rough cost

A barrister will usually quote for the hearing or piece of work. As a rough planning figure, a short hearing may cost around £1,500 to £3,000, with a full hearing day around £5,000.

Main advantage

You can get specialist advice and courtroom representation without paying a solicitor to manage the whole case.

This can be a useful middle ground.

Main drawback

You may have to manage most of the case yourself.

You need to be organised and understand what the court expects you to do.

4. McKenzie Friend

A McKenzie Friend supports someone who is representing themselves.

Using a McKenzie Friend does not normally mean that you are legally represented.

You remain:

a litigant in person.

What can a McKenzie Friend do?

A McKenzie Friend can normally:

• provide support;
• take notes;
• help you organise your papers; and
• quietly give you advice during the hearing.

Some paid McKenzie Friends also help people understand forms, organise documents and prepare for court.

Can a McKenzie Friend speak for me?

Normally:

no.

A McKenzie Friend does not automatically have the right to:

• address the judge;
• make submissions for you;
• question witnesses;
• sign court documents for you; or
• run the court case in your name.

The court can give a McKenzie Friend permission to speak in some cases, but you should never assume that permission will be given.

Rough cost

For a paid McKenzie Friend, a rough planning figure is:

roughly £80 to £150 per hour

Prices vary. Some charge more or less than this.

Paid McKenzie Friends are not regulated in the same way as solicitors and barristers, so experience, services and prices can vary. Ask about their experience and exactly what they will do before you pay.

Friends or family members can also sometimes act as unpaid McKenzie Friends.

Main advantage

You do not have to sit in court completely alone.

A good McKenzie Friend can help you stay organised and focused.

Main drawback

They are not a replacement for a solicitor or barrister.

A McKenzie Friend will not normally be able to conduct the hearing for you.

5. Represent yourself

You can represent yourself in family court.

The legal term is:

litigant in person.

This means you run your own case and speak for yourself in court.

What do I have to do?

You may need to:

• read court orders;
• understand deadlines;
• complete forms;
• prepare statements;
• organise evidence;
• communicate with the other party;
• prepare for hearings;
• speak to the judge;
• ask questions where required; and
• explain what order you want the court to make.

Rough cost

There is:

no professional fee

if you do everything yourself.

But self-representation is not cost-free.

You may still have:

• court fees;
• travel;
• printing;
• childcare;
• time away from work; and
• other case expenses.

You may also choose to pay for professional help with one particular task while continuing to represent yourself for the rest of the case.

Main advantage

It is the lowest-cost option for professional fees.

You also remain in direct control of your case.

Main drawback

You have to do the work yourself.

That can require a lot of preparation, particularly in a complex or heavily disputed case.

6. Which option should I choose?

There is no single answer that is right for everybody.

Think about:

• how complicated your case is;
• what hearings are coming up;
• whether witnesses will be questioned;
• how confident you are preparing documents;
• how confident you are speaking in court;
• how much of the case you can manage yourself; and
• what you can realistically afford.

Could I get legal aid?

Some people may qualify for legal aid, which can pay for a solicitor and, where needed, a barrister.

Legal aid may be available in some private children cases, including where there is evidence of domestic abuse or a risk to a child, subject to the legal aid rules and eligibility tests.

Check GOV.UK if you think this might apply to you, rather than assuming you do or do not qualify.

You do not have to choose one option for the whole case

You do not have to use the same option throughout the entire case. Different types of help can be used at different stages.

For example, you might:

• represent yourself at an early hearing;
• pay a solicitor for help with an important statement;
• instruct a Direct Access barrister for a difficult hearing; and
• manage the rest of the case yourself.

Representation does not have to be:

all or nothing.

7. Quick comparison

These are planning figures for simple comparison, not fixed prices or market averages.

For realistic examples of full-case costs, hearing fees and how legal bills can escalate, read:

How much will family court cost me?

Summary

Your five main options are:

1. Solicitor and Barrister
2. Solicitor only
3. Direct Access Barrister only
4. McKenzie Friend
5. Self-representation

You do not need to choose the most expensive option simply because you are going to family court.

You also do not have to do everything yourself simply because you cannot afford full representation.

The important question is:

What help do I actually need, at what stage, and what can I realistically afford?

Understand first.

Decide second.