Representing yourself in the Family Court

More and more people are finding themselves having to consider acting for themselves in the Family Court. This could be because a "simple" application under the Care of Children Act must be filed by the litigant themselves, and not a lawyer. Or it could be because while a litigant is ineligible for legal aid, they cannot pay thousands of dollars for a lawyer.

Acting for yourself is always risky. Quite apart from the difficulties in understanding the law and Court process, you are unlikely to challenge your own position or "think outside the box" about other possible solutions.

A big part of a good lawyer's job is reality checking their clients' positions, to ensure that what they are asking for has at least a chance of being awarded by the Court. If you are acting for yourself with no advice, you will miss this vital step.

One option if you can't afford to engage a lawyer for the entire proceedings, is to seek advice at various steps and for specific jobs only. For example, you could meet with an expert family lawyer before filing an application, to get some advice about what to include (and what not to include). Then you might use the lawyer again only when the settlement conference occurs.

While traditionally lawyers work under a "full service retainer", carrying out every aspect relating to the proceedings, some are happy to work on a limited retainer, as described above. This is also known as "unbundled assistance" and more progressive lawyers are moving towards offering that service.

If you feel that you want to represent yourself, but you are wise enough to know that you don't know everything, I suggest finding a lawyer who can offer an unbundled service that fits your needs specifically.