Litigant in Person: What the Family Court Expects From You

By Hannah OvertonPublished 24 September 2026Last reviewed 21 September 202613 mins read10 sections

Part of: Your First Family Court Hearing

A litigant in person is someone who runs their own court case, with no legal professional to speak for them. In the family court in England and Wales, that means you file your own forms, gather your own evidence and answer the judge yourself. The court still applies the same rules to you as to everyone else (Family Procedure Rules 2010). So it pays to know what happens at your first family court hearing before the date arrives.

If a hearing letter has just landed and nobody is beside you, you are in the right place. This guide covers England and Wales only. It explains what the term means, what the court expects from you, what you can claim back, and where people most often come unstuck.

Reviewed by: Iblal Iqbal, Partner & Family Law Strategist, Kabir Family Law

What is a litigant in person?

Litigant in person meaning, in one line: you are a party to a court case, and nobody else stands up for you. The term covers an individual, a company or an organisation. It applies whether you started the case or you are answering one.

The meaning of litigant in person does not change from court to court. What changes is the pressure. In a family case you are usually dealing with your own children, your own home or your own safety, so the papers are personal as well as procedural. That is why the same person can handle a small claim comfortably and still find a child arrangements hearing overwhelming.

So what does litigant in person mean day to day? Before you apply, you usually have to attend a mediation information and assessment meeting (MIAM), unless an exemption covers you (Children and Families Act 2014, section 10). Then you complete the application, which in a children case is usually the C100 form, and pay the fee. After that, you meet every deadline in the directions order, file your statement on time, and answer the judge’s questions yourself. Nobody checks what your papers say before the judge reads them.

Who can act for themselves in the family court?

Almost any adult party can. The right to conduct your own case is built into the system, and no permission is needed (Legal Services Act 2007, Schedule 3). There are limits, though. A child who is made a party usually takes part through a children’s guardian. Similarly, an adult who lacks capacity to conduct proceedings acts through a litigation friend (rule 15.2).

The words below come up constantly once a case starts, so it helps to recognise them early.

What are the advantages and drawbacks of being a litigant in person?

People choose the route of a litigant in person for good reasons, and the advantages are real:

• you keep control of every decision, including what to offer and when;
• you save professional fees on the parts you are comfortable handling;
• you know the history better than anyone, because you lived it;
• you can still get advice for the hard moments, rather than for the whole case.

The drawbacks tend to surface later, and they are worth facing first:

• the judge cannot advise you, because they must stay impartial;
• the court controls the evidence and can exclude material, so papers you see as strong are sometimes shut out (rule 22.1);
• a missed deadline can be far more expensive than the advice you avoided;
• you argue your own case while feeling the outcome personally, which is genuinely hard.

Many people take a middle path. They run the routine steps themselves, then get focused advice before a contested hearing or before agreeing anything final.

Litigant in person costs: what can you claim?

Start with the family rule, because it surprises people. In financial remedy cases the general rule is that the court makes no order about costs, so each person pays their own (Family Procedure Rules 2010, rule 28.3). The court can depart from that because of a party’s conduct. In children cases, costs orders are also unusual unless someone has behaved reprehensibly or taken an unreasonable stance (Re T (Children) [2012] UKSC 36).

When a costs order does go your way, you can claim your time and expenses (Litigants in Person (Costs and Expenses) Act 1975). Two limits apply, under civil costs rules that also govern family cases (rule 28.2):

• first, you cannot recover more than two-thirds of what a legal team would have been allowed, although out-of-pocket payments sit outside that cap (Civil Procedure Rules, rule 46.5);
• second, if you cannot prove financial loss, your time is paid at a fixed hourly rate set by the rules, currently £24 an hour (Practice Direction 46, paragraph 3.4).

For example, 20 hours of reasonable preparation at the fixed rate comes to £480, before the court assesses it. So keep a simple log of your hours and receipts from the start.

Court fees are separate, and they fall due when you apply. If your income and savings are low, you can apply to have a fee reduced or removed through the Help with Fees scheme. You can apply before or after you pay, but a refund claim must be made within 3 months of paying (GOV.UK).

What goes in a litigant in person court bundle?

The bundle is the file of papers the judge reads. Its contents are controlled by Practice Direction 27A, and the rules are strict. Since 2 March 2026, the bundle is normally an electronic PDF, called an e-bundle. A paper bundle is used only where the court sees exceptional circumstances or directs one.

There is one helpful twist. If you are acting for yourself and the other side has a legal team, that side normally has to prepare the bundle instead of you. You should still keep your own copy, though, with the same page numbers, so that everyone is looking at the same line when the judge asks.

Where everyone is acting in person and nobody can manage it, the court can exceptionally ask HM Courts and Tribunals Service to prepare one. If you cannot open an e-bundle, tell the court early, because it can direct a paper copy for you.

Bundle deadlines and page limits

Unless the judge orders otherwise, these rules apply each time a bundle is filed.

If the other side relies on case law, they must send you a copy or a link before the hearing. Ignoring the practice direction has consequences too, because the court can take the case out of the list or make a costs order.

How do you prepare as a litigant in person?

1. Read the last order first. The directions order tells you exactly what this hearing is for, and what you were told to file.
2. Build a date list. Put every deadline in a calendar, including the bundle dates, then work backwards a week for anything you must gather from a third party.
3. Write a short position statement. In children cases the limit is 3 pages, and two is often plenty. Say what you want, why it works for the children or the finances, and what you accept.
4. Check the bundle index. If the other side prepared it, make sure your statement and your evidence are actually in it before the hearing.
5. Tell the court what you need. If you have a health condition, or you fear the other party, ask early about special measures such as a screen or a video link (rule 3A.8).
6. Plan the first two minutes. Judges often ask what the real issue is, so have a calm, short answer ready.
7. Take support with you. A friend, a note pad and arriving early all reduce the panic more than people expect.
8. Leave with the directions. Before you go, write down every new direction and deadline, and ask when the written order will follow.

Preparation is also where a single conversation with a specialist earns its place. Knowing what the judge is likely to focus on can change how you use the rest of your time. Our guide to preparing for a Cafcass interview covers the same idea for children cases.

How do you deal with a litigant in person on the other side?

If you have a legal team and the other person does not, a few things change. Your side usually prepares the bundle, and it must send the other person any case law it relies on in advance. Correspondence should stay plain, short and in writing, because the other person has no professional filter between them and the words. Hearings also tend to run longer, since the judge explains procedure as they go.

One protection matters especially in abuse cases. In some cases involving domestic abuse, the law stops a party questioning the other in person, and in others the court can stop it. If questions still need asking, the court can appoint a qualified legal professional to put them instead (Domestic Abuse Act 2021, section 65). Raise that early, rather than on the morning of the hearing.

Frequently asked questions

How much can a litigant in person claim?

Often nothing, because family courts rarely order one side to pay the other’s costs. Where a costs order is made in your favour, you can claim your expenses plus your time. Your claim for work is capped at two-thirds of what a legal team would have been allowed, and time without a provable loss is paid at £24 an hour under Practice Direction 46.

Can I take someone into court to help me?

Usually, yes. A McKenzie friend may give moral support, take notes, help with your papers and quietly advise you during the hearing. However, they cannot sign court documents for you, and they cannot address the judge or question a witness unless the court exceptionally allows it. The court can also refuse their help in some cases.

Will the judge explain the law to me?

A judge will explain the procedure, tell you when to speak and check that you have understood an order. However, a judge cannot advise you, suggest what to ask for or help you build your case. That line exists so the court stays fair to both sides.

Do I have to prepare the court bundle myself?

Not always. The applicant normally prepares it, but if you applied and the respondent has a legal team, the respondent must prepare it. If you are the respondent, the applicant usually prepares it. Either way, check the index early and raise any missing document straight away.

Can I get help part way through a case?

Yes. Many people start alone and then get specialist advice for one stage, such as a contested hearing or a final agreement. Nothing stops you changing course, although earlier is easier, because an order already made is much harder to unpick than a proposal you have not yet sent.

Facing a hearing on your own? Find your bearings before the next date

Court dates come round quickly, and the papers rarely tell you what the judge is really weighing up. Book a free initial consultation, where one of our specialists gives you initial advice tailored to your circumstances, so you can decide what to do next with a clear head. You can also read what to expect at your first family court hearing.

Expert Tip

We are often asked whether a judge will make allowances for someone without a legal team. In our experience the court is patient about form, yet firm about substance. If your statement misses the point the judge has to decide, patience will not fill the gap. So before the next hearing, work out the single question the court must answer, then make sure your papers answer it.

Hannah Overton, Complex Children Specialist & Client Support