Family Court

Attending Family Court

Family court can often be referred to as county court or civil court.

You may be going through family court for a variety of reasons, all of which can make you feel anxious or worried about what to expect.

Due to many family court hearings consisting of incidents of domestic abuse this page has been created to familiarise yourself with the Family Court process and what types of support are available.

The person who is applying for orders to protect themselves and/or any children is often referred to as the Applicant.

The person who would be served the orders and must abide by the orders, is often referred to as the Respondent.

Family Court Orders

There are a variety of orders that can be applied for within the Family court:

Other Protective Orders

There are a variety of other protective orders which can be applied for in the criminal court only.

These are order such as a Domestic Violence Protection Notice/Order, a Restraining Order, a Stalking Protection Order.

For further understanding on how those orders work and how they can be applied for, please visit Lincolnshire Police.

Legal representation

There are many Family Law solicitors across the county. Find a local family law solicitor.

Representing yourself at court

If the cost of legal representation is not affordable and you are not entitled to legal aid, you can file applications and attend hearings yourself.

If you are already engaged with support services, you can speak to them to see if they can offer you any emotional support through the Family Court.

Should your support worker be able to support you through the Family Court, they would need to apply to the court as a Mackenzie friend.

Please note, it is vital a Mackenzie friend request is submitted to the court, before the date of your hearing so the Judge is aware and considers your request.

You should also inform the court Ushers of your Mackenzie friend on the day of your hearing. Should you not have requested a Mackenzie friend in writing before the date of your hearing, you will be given a form to complete, and this will be given to the Judge for their approval. The Judge or Magistrates may ask for the other party’s views on whether your supporter should be admitted into court, but the final decision will be made by the court.

The court will give you a declaration which your McKenzie friend should read before the hearing. At the start of the hearing, they will be asked to confirm that they have read it and agree to follow it.

A McKenzie friend can speak to you in court, but they will not be able to speak to the court on your behalf unless you specifically request this and the court agrees to it.

The legal rules concerning McKenzie Friends.

If you are already being supported by an IDVA or ISVA then they may be able to support you in family court.

If you are not engaged with any support services, find further services which provide Mackenzie friends in Lincolnshire.

Other Family Court applications to consider

The Domestic Abuse Act 2021 sets out that victims of domestic abuse will be considered vulnerable and automatically able to get additional support to help them feel safer in Family Court.

If you are concerned about any contact details for you or any children being disclosed to the respondent, you can complete a C8 form to request certain personal information is kept confidential from the other party. 

You can also ask for support on court forms, including form C1A.

You can also use form C2 if the case is about children or form FP1.

Should you represent yourself at Family Court, a D89 bailiff risk assessment form must be completed to allow orders to be served upon a Respondent.

Special measures and facilities available at Lincoln Family Court

  • Screens are automatically granted by the court for non-molestation cases. Screens are not automatically granted within Child Arrangement Orders and would need to be applied for in the C100 form and considered by a Judge. If this is granted, it will state this within the Order that is sent to you.
  • Separate waiting rooms for the applicant and the respondent can be set up to allow for added safety. You will need to ask for this on your application form.
  • When leaving the building, staff may be able to support you to leave before the Respondent. If the Applicant or legal representative lets the Usher or Court Clerk know this is wanted, this can be considered on the day.
  • Consultation rooms are available if you need to speak with your legal representative or support worker. There are only a few rooms available; it would be advisable that you liaise with the Ushers on the day to facilitate this.
  • Separate/staggered entrances can also be discussed.
  • For Applicants in extraordinary circumstances where you cannot get to the court, a video link request can be applied for. However, it is down to the Judge if this is granted.
  • There is no financial support for transportation or court fees from the court direct, however the Gov website can provide some more information on what might be available.

Parking Facilities

The court car park is for court staff only.

The nearest payable public car parks are Tentercroft Street and St Marks Lincoln.

Security

When you enter the building, you will go through security.

They require you empty the contents of your bags out into trays and walk through the scanner. If you have any liquid drinks, they may ask you to drink out of them to ensure they are safe liquids.

Any other liquids like perfume will be kept with security with you name on it. When you are ready to leave, you can get these items back on your way out.

When you walk through the security check and it goes off, further physical checks may be done to ensure you have nothing on you.

Boston Family Court

Most hearings are at Lincoln Family court. At Boston, most hearings are child arrangement orders. Due to the layout of the building, please note, there are no separate entrances.

Should you be worried about arriving at the same time as the respondent, you are advised to contact the court before the hearing date to ask for staggered arrival times. These could also be requested on the initial court hearing, which the Judge can consider.

Speaking in court

If you have legal representation in court, your solicitor will speak to the Judge on your behalf. However, you may still be spoken to direct by the Judge. if you have no legal representation then you will be speaking more and conversing with the Judge. This can be a daunting process, and one you want to feel as comfortable as possible in.

Some tips to help you prepare:

  • It is best to refer to a Circuit Judge as ‘Your Honour’, and a District Judge as ‘Judge’ or Magistrate as ‘Sir’ or ‘Madam’. If in doubt, ask how they would like to be referred to.
  • Try to remain calm, speak as you normally would and clearly.
  • Focus your conversation on the Judge rather than to the other party.
  • It’s best not to try to use legal jargon or language that is not familiar as this may confuse your points.
  • Try to answer the questions as clearly and as quickly as you can, stick to the point and stay focused on what is best for you and any children’s safety.
  • If you do not understand a question or a point you can ask for it to be explained again.
  • There will be periods of silence while notes are taken, this is normal, let the Judge take their time.
  • If you want to speak, when not being spoken to, raise your hand, don’t interrupt.

Breaches of orders

Breaching a court order can result in enforcement, including a warning, fine or short period of time in prison.

The Police can only arrest for a breach if there is a ‘Power of Arrest’ attached to the order.

If there is no power of arrest attached to the order, the applicant would need to apply for a contempt of court order which would notify the court of the breach. A decision could be made that the court instruct the Police to make an arrest. 

It is important that your protective order has a Power of Arrest on it.

If the order has ‘Power of Arrest’ attached you can call the Police and report the breach, explaining that ‘Power of Arrest’ is attached. The Police should have a copy of your protective order on their Police system. It is always advised you have a copy of your protective order to hand (e.g. in the car, a bag, work premise, somewhere safe in the house)

Disabilities, intersectionality and accessing Court

There are loop facilities in all court rooms, however, it is best to let the court know you require this beforehand.

If you have any sensory impairment, other auditory or visual impairment, you may need to sit somewhere specific, again let the court know before your hearing date.

Lifts are available and there are accessible entrances into the County Court and Magistrates Court.

If you have a solicitor, they should organise a translator for you. If someone is representing themself, the court needs to be notified before the hearing that a translator is needed, this should be noted on the initial court applications and the Judge can consider this.

Services available to help

Local services:

National services:

Assistance for applicants for a Family Law Act injunction in preparing their statement is available from:

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