Preparing Your Case Like a Barrister: A Practical Guide for Litigants in Person

What does “prepare your case like a barrister” actually mean?

It does not mean trying to sound like a barrister.

Legal language, Latin phrases and lengthy quotations do not make a case stronger.

The transferable skill is method.

A structured case preparation process asks:

That is very different from trying to tell the judge everything that has ever happened.

Step 1: Start with the latest sealed court order

Before drafting anything, read the most recent sealed order carefully.

It may tell you:

• what the court has already decided;
• what issues remain outstanding;
• what evidence must be filed;
• who must take each procedural step;
• what reports or disclosure have been directed;
• the date and purpose of the next hearing;
• who is responsible for the bundle; and
• the deadline for each task.

Litigants in person sometimes concentrate so heavily on what they want to say that they miss what the court has ordered them to do.

That creates avoidable procedural problems.

Step 2: Identify what the court actually has to decide

This is the point at which an overwhelming case begins to become manageable.

The Family Procedure Rules require active case management, including identifying the issues at an early stage and deciding which issues actually require investigation and determination.

Your own preparation should do the same.

In private children proceedings, live issues might include:

• where a child should live;
• how and when a child should spend time with another parent;
• whether interim contact is safe;
• whether disputed allegations require a fact-finding hearing;
• whether a section 7 report is necessary;
• whether further professional assessment is needed;
• whether disclosure should be directed;
• whether participation directions are required;
• whether the child should be separately represented;
• whether an existing child arrangements order should be varied or enforced; or
• what arrangements best meet the child’s welfare needs.

Every important document should answer a live issue. If it does not, ask why it needs to be before the judge.

Step 3: Put the evidence inside the correct legal framework

Family Court preparation is not simply storytelling.

In a private children case, you need to understand the legal question the court is applying to the facts.

The welfare principle

Under section 1 of the Children Act 1989 , when the court determines a question concerning a child’s upbringing, the child’s welfare is its paramount consideration.

In the circumstances specified by section 1, the court must consider the welfare checklist, including:

• the child’s ascertainable wishes and feelings, considered in light of age and understanding;
• physical, emotional and educational needs;
• the likely effect of a change in circumstances;
• age, sex, background and relevant characteristics;
• harm suffered or risk of harm;
• the capability of parents and other relevant people to meet the child’s needs; and
• the range of powers available to the court.

A strong submission therefore moves beyond:

and asks:

The overriding objective

Part 1 of the Family Procedure Rules requires the court to deal with cases justly, having regard to welfare issues.

That includes dealing with cases fairly, proportionately and efficiently, putting parties on an equal footing and using court resources appropriately.

This is another reason why volume for its own sake is rarely effective.

Step 4: Build a working case theory

A “case theory” is a useful preparation tool. It is not a prescribed Family Court document.

It is the logical connection between:

1. the problem;
2. the evidence;
3. the legal or welfare significance; and
4. the order sought.

For example:

The second version gives the judge a route through the argument without pretending that disputed allegations have already been proved.

Step 5: Create a chronology that actually helps

A chronology is one of the most useful case-preparation tools available.

It becomes unhelpful when it turns into a second witness statement.

A useful working chronology might contain:

Your private working chronology may contain additional analytical information.

A formal chronology filed for a hearing has different requirements.

Under the current Practice Direction 27A , a chronology included in a non-financial hearing bundle should ordinarily run chronologically, be concise and, where practicable, cross-reference the relevant bundle pages.

The general maximum is 10 pages unless the court directs otherwise.

Step 6: Match evidence to issues

Having evidence is not the same as having an organised evidential case.

For each live issue, ask:

• what factual proposition am I asking the court to accept?
• is it agreed or disputed?
• what evidence supports it?
• what evidence may contradict it?
• what has already been judicially determined?
• why does the point matter?
• what order does it support?

This approach prevents a common problem: having hundreds of pages but being unable to identify which document proves which point.

Step 7: Prepare for the other party’s case

Effective preparation means understanding the strongest reasonable case against your own position.

Ask:

• What does the other party actually say happened?
• Which evidence supports them?
• What evidence of mine might they challenge?
• Where is my account inconsistent or incomplete?
• Which argument am I spending too much time on?
• What might a judge reasonably question?
• What concession can I properly make?
• Is there a narrower, safer or more proportionate order available?

A concession is not automatically weakness.

A party who can distinguish a genuinely contested issue from a point that does not need fighting may be much easier for the court to understand.

Good preparation is not preparing to say more. It is preparing to know what matters.

Step 8: If domestic abuse is raised, prepare through PD12J — not labels alone

Where domestic abuse is alleged, admitted or there is other reason to believe it may have occurred, Practice Direction 12J may be central to the court’s approach.

PD12J recognises that domestic abuse can harm children directly and indirectly, including through its effect on the parenting capacity and wellbeing of the parent experiencing abuse.

Good preparation should therefore identify:

• the alleged behaviour;
• dates or periods where known;
• the source evidence;
• whether the allegation is admitted, denied or already determined;
• whether the issue is relevant to the child arrangements decision;
• the impact on the child or parenting;
• the current risk said to arise; and
• what protective or case-management step is sought.

A label such as “coercive control” should not replace the underlying facts.

Step 9: Consider whether you can participate effectively

Preparation is not only about documents.

Part 3A of the Family Procedure Rules and Practice Direction 3AA deal with vulnerable parties and witnesses and participation in Family Court proceedings.

Where a party or witness is, or is at risk of being, a victim of domestic abuse by another relevant person, the rules contain an assumption of vulnerability for the purpose of considering participation directions.

That assumption does not itself prove the underlying abuse allegation.

Possible participation measures can include arrangements concerning:

• how a party participates;
• giving evidence;
• the structure and timing of the hearing;
• separate waiting or entry arrangements where available;
• screens or remote participation where appropriate;
• ground rules for questioning; and
• other measures necessary for effective participation.

Step 10: Prepare a position statement for this hearing — not the whole litigation

A position statement is written submission.

Its job is to tell the judge:

• what this hearing is for;
• what issues need deciding;
• your position on those issues;
• the most important supporting material; and
• the precise orders or directions you seek.

Under the current PD27A, in proceedings other than financial remedy proceedings, a position statement should ordinarily:

• be concise;
• not exceed 3 pages unless the court directs a different maximum;
• use numbered paragraphs;
• define and confine the matters in dispute for that hearing;
• cross-reference relevant bundle material;
• be self-contained;
• not introduce new evidence;
• not contain exhibits; and
• state the directions or orders sought.

A fresh position statement should be prepared for each hearing rather than simply adding an “update” to an old one.

Step 11: Understand the 2026 Family Court bundle rules

The revised Practice Direction 27A came into force on 2 March 2026.

There is also now a specific Judiciary guide for litigants in person.

The central principle is straightforward:

A court bundle is not your complete archive. It is the hearing material the court actually needs.

Current PD27A limits a number of common documents unless the court directs otherwise:

Always check the specific order in your case because the court may direct something different.

PD27A also provides that parties should generally seek to agree the contents of the bundle seven working days before the hearing and the main bundle should ordinarily be filed and served five working days before the hearing, subject to any different case-specific direction.

Step 12: Prepare for the hearing itself

By the time you reach the hearing, you should not be trying to rediscover your case.

Prepare a short hearing plan containing:

• the purpose of the hearing;
• the issues requiring determination;
• your three most important points;
• the evidence reference for each point;
• the other party’s strongest argument;
• the exact orders you seek;
• the bundle pages you are likely to need; and
• anything you need to raise about participation or procedure.

Practice saying what you want in one or two sentences.

That is more useful than starting with ten years of background.

When the judge asks a question

Answer the question first.

You can then explain.

If you do not know, say you do not know. If you cannot find a document, say so rather than guessing a bundle reference.

The JSH Six-Question Check

Before filing a significant document or walking into a hearing, run the case through six questions.

This prevents a case from becoming a list of complaints without a route to judicial decision.

Common case-preparation mistakes

Problems often arise not because a litigant has no evidence, but because the evidence is not being presented in a usable way.

• starting with years of history rather than the current order;
• not knowing the purpose of the next hearing;
• confusing an allegation with a finding;
• using hundreds of screenshots without preserving or explaining context;
• failing to identify evidence that weakens your own case;
• asking the court to read everything and “work it out”;
• using emotionally charged labels instead of describing conduct;
• treating a Cafcass recommendation as though it were a court order;
• ignoring page limits;
• missing filing or service deadlines;
• failing to say what order is actually sought;
• reusing an old position statement;
• putting new evidence into a position statement;
• focusing entirely on parental grievance instead of child impact; and
• failing to prepare for the strongest reasonable argument against you.

Make the court’s job easier

This is not about pleasing the judge or hiding serious concerns.

It is about making the decision-making route visible.

The judge should be able to identify quickly:

• what the hearing is about;
• what remains disputed;
• what has already been decided;
• where the relevant evidence is;
• how the issue affects the child;
• what each party proposes; and
• what orders are being requested.

Structure is not cosmetic. In litigation, structure is part of advocacy.

Can AI help you prepare a case?

It can — particularly with organisation — but it must be controlled.

AI may be useful for:

• creating a document inventory;
• sorting verified dates into a chronology;
• building an evidence matrix;
• identifying repetition;
• testing whether a document answers the actual issue;
• generating neutral questions for further analysis; and
• helping prepare hearing notes.

It should not be allowed to:

• invent facts;
• guess dates;
• manufacture case citations;
• turn allegations into findings;
• decide credibility;
• diagnose a parent or child;
• rewrite witness evidence until it no longer reflects the witness’s account; or
• determine what is in a child’s best interests.

For a fuller workflow, see How to Use ChatGPT as a Litigant in Person .

Barrister-style Family Court preparation checklist

• Can I locate the latest sealed order?
• Do I know my next deadline?
• Do I know what the next hearing is for?
• Can I identify the live issues?
• Can I explain my case in three sentences?
• Can I identify the exact orders I seek?
• Can I explain why those orders address the child’s welfare?
• Have I identified the evidence supporting each important proposition?
• Have I distinguished allegation, evidence, professional opinion and finding?
• Have I prepared a usable chronology?
• Have I identified evidence that may weaken my position?
• Do I understand the other party’s case?
• Have I checked whether PD12J applies?
• Have I considered participation directions where relevant?
• Does my position statement comply with current PD27A?
• Have I checked bundle responsibility and deadlines?
• Can I find my key documents quickly?
• Have I prepared concise speaking notes?
• Can I identify the relevant bundle page when asked?
• Have I removed material that does not assist this hearing?