Family court help is not necessarily all or nothing

Many litigants in person assume that their only options are:

1. instruct a solicitor to manage the entire case at considerable cost; or
2. represent themselves and receive no professional or practical help at all.

That is not always the case.

Some solicitors offer limited-scope retainers. Public Access barristers can sometimes be instructed directly. McKenzie Friends can provide reasonable assistance within clear limits. Charities and law centres may provide free practical support or legal advice, subject to their capacity and eligibility rules.

A litigant in person can therefore remain responsible for the case while purchasing or obtaining help with particular tasks, such as:

• an initial legal advice appointment;
• reviewing the strengths, weaknesses and legal issues in the case;
• identifying what application or order may be appropriate;
• preparing or reviewing a witness statement;
• organising evidence and exhibits;
• building a chronology;
• analysing a Cafcass report;
• preparing a position statement;
• checking a court bundle;
• preparing for questioning and submissions;
• obtaining representation for one particularly important hearing; or
• receiving practical support at court.

What are unbundled legal services?

“Unbundling” describes an arrangement in which a legal professional provides help with specific parts of a case under a limited retainer, rather than accepting responsibility for the entire matter.

For example, a solicitor might agree to:

• provide a one-off advice appointment;
• advise on a particular application;
• review a draft statement;
• prepare a letter or court document;
• advise following a Cafcass report;
• prepare the case for a particular hearing; or
• represent the client at one hearing only.

The client remains responsible for everything outside the agreed scope.

The Law Society recognises that unbundled services can make legal assistance more affordable. It also warns that limited retainers carry risks if the division of responsibility is unclear.

If a solicitor advises you about a statement but does not agree to file it, you remain responsible for filing it. If a barrister represents you at a hearing but does not conduct litigation, you remain responsible for serving documents, communicating with the court and monitoring deadlines.

What types of family court help are available?

Legal advice, litigation support and representation are not the same thing

It is important to understand the language used by different providers.

Rights of audience and the conduct of litigation are reserved legal activities under the Legal Services Act 2007. They can ordinarily be undertaken only by an authorised or exempt person.

A McKenzie Friend has no automatic right to address the court or conduct litigation. The court can grant a lay person a right of audience in a particular case, but professional McKenzie Friends should never market that possibility as automatic or guaranteed.

Option one: use a solicitor for limited tasks

You can ask a family solicitor whether they offer a fixed-fee appointment or limited retainer rather than full case management.

This may be particularly useful when you need:

• advice on whether to make or oppose an application;
• advice about the orders the court could make;
• an assessment of legal merits and risks;
• advice about domestic abuse, safeguarding or PD12J;
• advice about whether a fact-finding hearing may be necessary;
• a review of a Cafcass recommendation;
• advice on expert evidence or a complex procedural issue;
• help following an unexpected order or adverse decision; or
• urgent advice about appeal rights and time limits.

A limited appointment can provide legal clarity without committing you to the cost of full representation.

However, you must be realistic about what can be achieved in an hour. A solicitor cannot safely analyse several years of proceedings, hundreds of messages and multiple reports without time to read the relevant material.

Good preparation therefore matters. Before the appointment, provide:

• a short case summary;
• the current court order;
• the application and response;
• the latest Cafcass or professional report;
• a concise chronology;
• the next hearing date and filing deadlines; and
• a numbered list of the questions you need answered.

Option two: instruct a Public Access barrister

The Public Access scheme allows a member of the public to instruct an appropriately authorised barrister directly without first going through a solicitor.

A Public Access barrister may be able to:

• give specialist legal advice;
• advise on the merits and risks of the case;
• draft statements or formal court documents;
• advise on expert evidence;
• help identify the next procedural steps;
• conduct a conference before the hearing; and
• represent you in court.

This can be a cost-effective option where you are capable of managing the paperwork and deadlines but need specialist advice or advocacy for a significant hearing.

The crucial limitation is that most Public Access barristers do not conduct litigation. Unless the barrister is specifically authorised and has agreed to undertake that work, you remain responsible for:

• filing and serving documents;
• communicating with the court and other parties;
• complying with directions;
• monitoring deadlines;
• preparing the hearing bundle where required; and
• managing the case between hearings.

Option three: use a McKenzie Friend or litigation-support professional

A McKenzie Friend provides reasonable assistance to someone who is representing themselves.

Depending on the service agreed, that assistance may include:

• helping you understand the purpose of a hearing;
• organising court papers;
• preparing a chronology or schedule;
• helping you structure your own statement;
• reviewing documents for clarity, relevance and tone;
• helping prepare a position statement;
• planning the points you need to raise;
• taking notes during a hearing;
• quietly prompting or supporting you in court; and
• helping you understand and organise the next procedural steps.

Judicial guidance permits litigants to receive reasonable assistance from a McKenzie Friend. It also makes the boundaries clear.

A McKenzie Friend:

• does not automatically have a right to address the judge;
• does not automatically have a right to examine witnesses;
• must not hold themselves out as your legal representative;
• must not take control of the proceedings;
• must not sign court documents on your behalf;
• must not conduct litigation unless lawfully authorised or specifically permitted by the court; and
• must comply with the judge’s directions and the confidentiality of family proceedings.

Option four: look for free or lower-cost assistance

Before spending money, check whether you may qualify for legal aid or free legal assistance.

Legal aid

Legal aid can cover legal advice, assistance and representation in some family cases. Eligibility depends on the type of case, financial circumstances, merits and, in many private family cases, prescribed evidence of domestic abuse or child abuse.

Read the related JSH Law analysis: Legal Aid for Protective Injunctions and the 340% Rise in Litigants in Person .

Support Through Court

Support Through Court provides free practical and emotional support to people facing civil and family proceedings without a lawyer. Its volunteers may help explain how the court works, organise papers, complete some forms and plan what a person wants to say.

It does not provide legal advice or legal representation.

Advocate

Advocate is the Bar’s national pro bono charity. It attempts to match people who cannot obtain legal aid and cannot afford representation with barristers willing to provide free assistance.

Demand is high, eligibility is strict and assistance cannot be guaranteed. Applications should be made well before any deadline or hearing wherever possible.

RCJ Advice and other law centres

RCJ Advice offers family-law services, including advice relating to separation, children, family finances and domestic abuse. Other law centres, university clinics and pro bono projects may also provide limited advice.

These services often operate at capacity. Their inability to accept a case does not necessarily mean the case lacks merit.

What should you pay for first when your budget is limited?

Every case is different, but the following order of priority can help prevent money being spent on the wrong tasks.

1. Urgent safety and protective advice
   If there is domestic abuse, risk to a child, threatened removal, stalking or immediate danger, obtain regulated legal advice urgently where possible. Do not prioritise polishing a bundle over responding to an immediate safeguarding risk.
2. An early case assessment
   A focused appointment can help establish what the court is deciding, which orders may be relevant, what evidence is needed and which issues are likely to distract from the real case.
3. Critical applications and responses
   Errors at the start can shape the entire proceedings. Applications involving domestic abuse, relocation, enforcement, prohibited steps, jurisdiction or appeals should be approached particularly carefully.
4. Your evidence and witness statement
   A statement is not simply your opportunity to tell the whole story. It must present relevant facts, identify the evidence and help the court determine the issues.
5. Analysis of professional reports
   Cafcass, local-authority and expert reports can significantly influence the case. A response should identify material errors or omissions without becoming hostile or unfocused.
6. Preparation for an important hearing
   Know the purpose of the hearing, the decisions the judge may make, what documents will be read and exactly what order you want.
7. Representation where it will make the greatest difference
   If you cannot afford representation throughout, consider whether a solicitor or barrister could represent you at a fact-finding hearing, final hearing, appeal or other decisive stage.

A hybrid approach: combining different types of support

Some litigants use more than one type of assistance during the same case.

For example:

This can be effective, but only if responsibilities are explicit.

The greatest risk in a hybrid arrangement is that everyone assumes someone else is dealing with the deadline. Maintain one master list showing:

• the task;
• the person responsible;
• the court deadline;
• when a draft must be ready;
• who will approve it;
• who will file it; and
• who will serve it on the other parties.

When might full legal representation be necessary?

Limited support is not suitable for every case.

You should seek regulated legal advice urgently, and consider full representation where affordable or available, if the case involves:

• immediate risk of harm to you or a child;
• serious domestic abuse allegations;
• a fact-finding hearing involving extensive or disputed evidence;
• allegations of sexual abuse or serious physical harm;
• international relocation, child abduction or a jurisdiction dispute;
• care proceedings or an application by a local authority;
• complex expert or medical evidence;
• contempt proceedings or a possible loss of liberty;
• a complex financial remedy case involving businesses, trusts, hidden assets or overseas property;
• an appeal or imminent appeal deadline;
• a serious imbalance in capacity, communication or vulnerability;
• a final hearing involving substantial cross-examination; or
• circumstances in which you cannot safely or effectively manage deadlines and documents yourself.

The fact that full representation would be preferable does not mean it will always be affordable or available. Where it is not, the focus should be on securing the best combination of regulated advice, practical support and hearing preparation that can realistically be obtained.

Avoiding the false economy of cheap but unsuitable help

Low-cost help can become extremely expensive if it leads to:

• the wrong application being issued;
• a deadline being missed;
• an inaccurate statement being filed;
• inadmissible or irrelevant material overwhelming the evidence;
• confidential family-court information being mishandled;
• unrealistic promises about outcomes;
• a person pretending that they can speak for you automatically;
• unnecessary conflict with the other party or professionals; or
• documents that damage rather than strengthen credibility.

Be particularly cautious of anyone who:

• guarantees that you will win;
• claims to know what a judge will decide;
• encourages you to ignore a court order;
• describes themselves as your legal representative when they are not authorised;
• promises to speak for you as of right;
• encourages aggressive or inflammatory correspondence;
• will not provide written terms and fees;
• does not explain confidentiality and data protection;
• asks you to conceal their involvement; or
• appears more interested in escalating conflict than resolving the legal issues.

Questions to ask before paying anyone for family court help

Frequently asked questions

Practical Family Court Support

How JSH Law can help when you are representing yourself

JSH Law provides calm, structured litigation support and McKenzie Friend services for people managing their own family court proceedings.

Support may include:

• case overviews and procedural mapping;
• organising large volumes of court papers;
• chronologies and evidence schedules;
• support with court forms and applications;
• witness-statement structure and review;
• position statements and schedules of issues;
• Cafcass and professional-report analysis;
• safeguarding evidence organisation;
• court-bundle preparation;
• hearing preparation and expectation-setting;
• remote support across England and Wales; and
• McKenzie Friend assistance at hearings, subject to the court’s permission.

JSH Law does not act as your solicitor, conduct litigation or provide legal representation. You remain responsible for your case, documents, deadlines and decisions. Where regulated legal advice or advocacy is required, you will be encouraged to obtain it.

Official sources and useful services

• Courts and Tribunals Judiciary: Practice Guidance on McKenzie Friends
• Law Society: Unbundling legal services
• Bar Council: Direct Access Portal
• Bar Standards Board: How to hire a barrister
• Legal Services Board: Reserved legal activities
• GOV.UK: Check whether you can get legal aid
• GOV.UK: Find a legal aid adviser or family mediator
• Support Through Court
• Advocate: Apply for free help from a barrister

Important information

This article provides general information about obtaining family court help in England and Wales as at 18 July 2026. It is not legal advice. The appropriate type of assistance depends on the facts, risks, complexity, evidence, procedure and orders involved in the individual case. Where possible, obtain advice from a regulated family-law professional before making significant legal decisions.