Preparing for the hearings including guidance on bundles

Hearing your application (what happens when you go to court)

Appearing before a Family Judge of the Family Division without a lawyer

You are not obliged to have a legal representative, some parties decide to represent themselves as a litigant in person (LIP).

Can you agree matters without a hearing

Family mediation

Mediation is a way of settling differences about children and finances. Family mediation can be faster, cheaper and easier than going to Court. Mediators will remain impartial and not take sides. The mediators can help you and your ex-partner agree the best arrangements your children and/or financial matters. A mediator will not tell you what to do but will help you both to see if there is any way that you can agree with each other.

Not all cases are suitable for mediation. Mediators will not start mediation if they think it is not appropriate. For example, where there are safeguarding concerns.

Anything you talk about during mediation will usually stay private. It will not be reported to the court unless there are issues of child protection or alleged criminal offences. If you apply for a court order, the court will ask if you have attended mediation. The application may be adjourned so you can attend mediation.

The Family Court offers a free mediation service Family Foundation

You can contact Family Mediation Jersey telephone: +44 (0) 1534 638898 or visit their website at www.fmj.je

Risks of Going to Court

Outcome Uncertainty: You might not get the order(s) you want.
Legal Costs: You may have to pay the other party’s legal costs, even if you’re not paying for your own.
Stress: Attending court can be stressful and emotional.

Privacy in Family Court

Private Hearings: The Family Court is private, and hearings are not open to the public.
Confidentiality: The law does not allow you to show, say, write (disclose) or publish any details that can identify a child. Documents can only be shown to:
- Court staff handling your case
- Parties involved in the case
- Lawyers representing a party
- Jersey Family Court Advisory Service (JFCAS) officers
- A guardian for the child (usually a JFCAS officer)
- Experts appointed by the court

There are penalties for breaking confidentiality laws.

Communicating with the Court

Contact: All communications should be sent to the Family Proceedings Officer (FPO), via email for record-keeping jgrprivatefamily@courts.je
Legal Advice: Court staff, including Registrars, cannot provide legal advice.
Forms: Use the correct court forms. Ask the FPO if unsure.
Documentation: Include the case name and reference number on every document and communication.
Copying Parties: Copy the other party/parties (or their lawyers) on any communications once your case has started.
Safety Concerns: Please contact the FPOs if you have any safety concerns.
McKenzie Friends: Notify the FPO if you want a McKenzie Friend to attend hearings with you.
Address: Provide an address for document delivery and inform the court and other parties if you change it.
Contact Details: Provide contact details like mobile numbers and email addresses.

Fees

Exemption: You may be eligible for a fee exemption. Apply to the Viscount’s Department before starting your application and attach the exemption certificate to your application.
Payment: Pay the correct court fee if not exempt. Payments can be made by debit/credit card at the Family Division Reception or by court stamps.
Family Division fees

Service of Documents

Document Quality: Ensure documents are typed or neatly handwritten.
Proof of Service: You may need to prove that documents have been served on the other party/parties.
Service Assistance: The Viscount’s Department can serve documents for a fee.
Advice on Service: The FPO does not provide advice on how to serve documents; it’s your responsibility to decide.

Preparing for the hearings

Before the hearing begins

Make sure you take pens, writing paper and if a financial case, a calculator with you
Make notes when you are in the hearing
Get to the court at least 15 minutes before any hearing so that you will be calm and not feel rushed
Arriving early means you can to try and speak with the other party or it they have a lawyer, their lawyer
Sometimes you may able to agree matters or at least agree what should happen up until (in the interim) the final hearing
When you arrive, go to the reception area. Give the Family Proceedings Officer (FPO) your name and say if you have a lawyer or a McKenzie Friend with you
You will be asked to wait. If there are other cases before yours, there can be delays
The FPO will tell you when to go into the court room

The court room

The family court room is set out so you do not sit opposite the other party. If you are uncomfortable at the prospect of seeing the other party at court, please email the Family Proceedings Officers on jgrprivatefamily@courts.je or telephone +44 (0) 1534 441336 or +44 (0) 1534 441337 to discuss your concerns.

Behaviour in court

When the Family Judge enters the court stand up and sit down when she/he sits
You should call the Family Judge “madam” or “sir” if a male Family Judge
Dress appropriately for court. This means wear a suit or smart casual clothing
Keep calm. Attending court can be stressful and emotional particularly in family disputes
Treat other people with dignity and respect
Do not talk over other people
The Family Judge may adjourn (postpone) the case so that you and the other party can try mediation

The hearings

Preliminary Directions Hearings (PDHs) (Financial) Children List Hearing (arrangements for children)

Financial applications

A PDH hearing is the first step in the process. The PDH usually lasts about 15 minutes and the Family Judge will make directions orders. A date for the next stage, the Case Review Hearing (CRH), will be fixed.

You and the other party will be ordered to provide information/documentation. The purpose of disclosure is to make sure that the court has enough information on which to make fair decisions.

The Family Judge will enquire whether you and the other party are willing to attend mediation. The application may be adjourned to allow sufficient time for the parties to attend mediation.

A date for the next stage, the Case Review Hearing (CRH), will be fixed.

Children cases

In children cases, the court will direct a Jersey Family Court Advisory Service (JFCAS) Officer to prepare a Pre-CRH report prior to the initial hearing. JFCAS will carry out safeguarding checks with the Children’s Service and the Police. In addition, the JFCAS officer will speak to you and the other party to discuss the issues to be considered by the court. The JFCAS officer cannot give legal advice. The JFCAS officer will comment on your proposals. The JFCAS officer will then file the Pre-CRH report setting out his/her interim recommendations. You and the other party will be provided with a copy of the report prior to the initial hearing.

The Family Judge will want to know if the children are at risk and will investigate what you can agree and can’t agree.

The Family Judge will enquire whether you and the other party are willing to attend mediation. The application may be adjourned to allow the parties to attend mediation.

A date for the next stage, the Case Review Hearing (CRH), will be fixed.

Case Review Hearings (CRHs)

The purpose of the CRH is to determine whether anything can be done to sort out the dispute, and find out what the outstanding areas of disagreement need to be addressed.

In children cases the JFCAS officer may be asked to speak first and provide any update on a pre-CRH report. Even if there is no final agreement, interim orders may be made. If needed, JFCAS will be directed to prepare a full welfare report will be ordered and sometimes other expert reports.

At financial CRHs, the court may make interim orders, such as for interim maintenance, and may make further disclosure orders.

In both cases directions may be made as to the filing of evidence, including what witnesses, if any, are to attend.

A date will be set for a further CRH, Early Neutral Evaluation (ENE), Financial Dispute Resolution (FDR) or final hearing.

Time Limits

Please ensure that you read the orders carefully so that you fully understand what you are required to do and when

The court makes orders about what you have to do and by when. You are likely to be asked by when you can provide information, for example, copies of bank statements. Give realistic time estimates. The Family Judge may however not accept what you say.

All orders for directions come with time limits, stating the date and the time of day by which any direction is to be obeyed.

Orders must be obeyed to the letter and on time. If you are going to be unable to meet the time limit set, apply before the time is up for more time.

Be aware that the court may not agree to give you more time, so you should aim to meet the time limits ordered.

Penalties for failing to follow what has been ordered

Failing to meet time limits may mean that a costs order is made against you.

If you fail to provide the information ordered this may be seen as suspicious, for example, you are trying to hide something.

Your failure may be referred up to the Bailiff’s court.

Affidavits/statements and documents

An order may say you have to file and serve an affidavit or statement.

Give the original document to the court and serve the other party/ies with a copy. Remember to keep a copy for your own use. Copies may be in paper or digital format.

There is a template for an affidavit of means. See Draft Affidavit of Means. There is also a template for how to set out an affidavit Example of how to set out general affidavit and exhibit(s). Keep a copy of the documents yourself.

It is a good idea to take legal advice about the contents of your affidavit/statement before you file and serve it. Avoid emotional wording if at all possible.

You and the other party may be asked to file a statement of issues in financial cases. This may include whether, for example, you think there should be a clean break or the other party is not maximising his or her income.

The Family Judge does not want a large number of pages with irrelevant material.

All documents filed at court must be served on the other party/ies, or if they have a lawyer, on the lawyer.

Disputes about facts

There may be disputes about facts.

You must be clear what is relevant to your case and what is not.

Do not spend time disputing facts which are not relevant. Concentrate on the facts that are relevant.

There may need to be a fact finding hearing.

Issues of law

There may be a dispute about an “issue of law” which is relevant to your case.

Make sure you think about what is relevant to your case:

What are the issues?
What will you say to prove those issues?
What written evidence will you need to prove those issues?
What will the court need so that it understands the issues and documents?
Have you obeyed the court directions?
Has the other party obeyed the court directions made so far?
Have you provided an overview of the history of the case, a “chronology”? This helps the court understand when things happened.

The final hearing

The final hearing is when the Family Judge hears the evidence from both parties and makes a decision.

The Registrar may reserve (delay) the decision.

In children cases, any expert evidence may be heard first.

Final hearing process

Outline Your Case: At the start, outline your case based on the evidence
Applicant's Case:
- The applicant presents their case first
- The applicant is cross-examined by the other party’s lawyer or the other party if they don't have a lawyer
- The applicant’s witnesses, if any, are then heard
Respondent's Case:
- The respondent presents their case next
- The respondent is cross-examined by the applicant’s lawyer or the applicant if they don't have a lawyer
- The respondent’s witnesses, if any, are then heard

Tips for the Hearing

Ask Questions: Ensure your questions are actual questions, not speeches
Take Notes: Helps in asking questions and keeping track
Speak Politely: Do not talk over others and remain calm
Be Clear and Concise: Keep your statements to the point
Seek Clarification: Ask questions if unsure about anything
Witnesses: Witnesses do not hear other witnesses' evidence and should not discuss it

Rights and Responsibilities

Object to Inadmissible Evidence: You can object to evidence you think should not be given
Summarize Your Case: At the end, summarize your case and make legal arguments based on the evidence presented.
No New Matters: You cannot introduce new matters during the summary that were not in the evidence
Registrar’s Decision: Take notes of the order made at the end of the hearing. Ask the Registrar if you don’t understand it