Your questions

These are the questions parents ask most often about instructing a barrister directly in a children case, answered by Jason.

Instructing Jason

Can I instruct a barrister without a solicitor?

Yes. Under the Bar Standards Board's direct (public) access scheme you can come to Jason directly. You do not need a solicitor first, and instructing Jason directly can potentially save time and costs by removing the need for a solicitor. Jason will first look at your papers to check that your case is suitable, and if it is not, he will tell you.

What can Jason do for me in a children case?

Jason can advise you on the merits of your case, on tactics, on the law and on what the court is likely to focus on, and on your next steps. He can advise on whether to issue proceedings, and on an appeal, including whether there is a good basis for one. He can help draft court documents. For a fee, he can draft your position statement or case note, and he can help you complete a C100 application. He will be the one responsible for preparing the draft order for the court. And he can appear for you in court. In court Jason speaks to the court on your behalf, so that you do not have to. He puts your case and cross-examines where needed.

What types of case does Jason deal with?

Jason acts in private law children cases and in related Family Law Act cases. These include:

• child arrangements (where a child lives and who they spend time with);
• specific issue orders and prohibited steps orders;
• relocation, including cases that involve another country;
• parental responsibility disputes;
• enforcement of orders;
• applications by grandparents and other family members;
• non-molestation orders, occupation orders and emergency protective orders;
• general advice on next steps and whether to issue proceedings.

Which hearings can Jason go to, and where?

Jason appears at the whole range of private law children hearings: first hearings (FHDRAs), Dispute Resolution Appointments (DRAs), hearings in Child Focused Courts (formerly called Pathfinder courts), fact-finding hearings, decision hearings, final hearings and appeal hearings. He travels extensively and appears in courts all over the country, in person or remotely by Zoom or Teams, so where you live should not stop you from instructing him.

What is a barrister, and why use one?

A solicitor usually manages a case from start to finish, and instructs a barrister to appear in court when needed. A barrister specialises in advice and speaking for you in court. When you instruct Jason directly, you get a highly experienced barrister. When it comes to your children, expert advice matters, and a barrister can help you understand where you stand and protect your children's welfare.

Will Jason handle all the paperwork and court correspondence?

No. This is the important difference from using a solicitor. Jason cannot take on "the conduct of litigation", which means filing documents with the court and serving them on the other side. You remain a litigant in person, responsible for filing, serving documents and the procedural steps, and for keeping track of deadlines. What Jason can do:

• He can help draft court documents. For a fee, he can draft the position statement or case note on your behalf.
• He will be the one responsible for preparing the draft order for the court.
• He can help you complete a C100 application.

He will tell you what is needed and when, so you know what to expect.

Is a barrister without a solicitor right for my case?

For many private law children cases, yes. Some cases need a lot of paperwork, many documents or expert evidence, and for those a solicitor handling the case day to day can be the better choice. Jason will tell you honestly which route he thinks suits you. If he thinks you need a solicitor as well, he will say so.

How much does it cost?

Jason's clerks, Scott Goodison, Peter Green and Stuart Walker, can give you a quote for all of the work. Please call them at St Ives Chambers on 0121 236 0863, or email familyclerks@stiveschambers.co.uk, and they will explain the cost before anything starts. You can also email Jason at Jason.hadden@stiveschambers.co.uk.

Can Jason act for me if I have legal aid?

No. Jason does not do legal aid work. If you have legal aid through a solicitor, he cannot represent you personally. If you need a legal aid firm, Jason considers Chase Morgan Solicitors to be an excellent legal aid firm: Chase Morgan Solicitors. Whether you qualify for legal aid depends on your circumstances, and a legal aid firm will tell you.

How quickly can Jason start, and when should I book?

Contact Jason's clerks, Scott Goodison, Peter Green or Stuart Walker, at St Ives Chambers on 0121 236 0863 or at familyclerks@stiveschambers.co.uk. You can also email Jason at Jason.hadden@stiveschambers.co.uk. If your matter is urgent, ask the clerks to arrange an urgent remote conference. Jason can work at weekends or late into the night to assist, so that he can get to work on your child-related issue straight away.

Jason is in demand and his diary is busy, so please book as early as possible, especially once you have a court date. If he is unavailable for one hearing, his clerks will give you dates to avoid, so that you can try to book him for later hearings.

Why is a conference with Jason essential?

A conference with Jason is essential, because understanding the law at an early stage makes the biggest difference to how a case goes. In a conference you go through what has happened, what you want for your children and where the law stands, and Jason tells you honestly what he thinks of your position and what he would do next. Early advice lets you plan the case from the outset instead of reacting to it, and Jason has found it is one of the most helpful steps a parent can take. A conference is extremely beneficial, whether it is before or during the court process. Even if Jason is unavailable for one hearing, a conference would still help you decide the best strategy. Conferences are by Zoom or Teams, by phone or in person, and can be arranged at short notice. There is a fee for a conference, and the clerks will agree it with you before you start.

How to prepare: it helps to send the clerks a short note, about one page, setting out the background and the advice you are looking for. Please also send the clerks all of your court papers and any other relevant information, and Jason will read them beforehand where possible.

Can Jason give me a second opinion?

Yes. Jason is often instructed to give second opinions, including by people who already have a solicitor or who have had a hearing and are unsure about the advice they were given. He reads the papers, tells you whether he agrees with the advice, and explains the law and your options as he sees them. That can also include whether there is a good basis for an appeal.

I already have a solicitor. Can Jason still advise or represent me?

Yes. Solicitors regularly instruct Jason, and he is glad to work alongside your solicitor, so you do not need to change anything to benefit from his advice and advocacy. If you would prefer to instruct him directly, you can: it is your choice who acts for you. If you do want to stop using your solicitor and come to Jason directly, his advice is to do it politely and openly. Tell your solicitor that you are making a change, thank them for their work, and ask them for your file and a final bill. You will still owe any fees properly due for the work they have already done. Ask them, too, what is needed for them to come off the court record, so that the court sends the papers to you from then on. You can talk it through with Jason in a conference first, before you decide. Please remember that once you instruct Jason directly, you are responsible for the day-to-day running of the case, such as sending documents and keeping to deadlines.

The hearings explained

What is an FHDRA?

It is usually the first hearing in a children case, called a First Hearing Dispute Resolution Appointment. The judge finds out what is agreed and what is not, looks for ways to settle, and gives directions for what happens next. Many cases are decided or narrowed at this stage, and Jason can attend with you. A conference with Jason before the first hearing is essential, so that you understand what the judge will ask and what you want to achieve before you walk in.

What is a Child Focused Court (formerly a Pathfinder court)?

Child Focused Courts is the new name for the Pathfinder courts. It is a different way of running private law children cases, which was piloted in some courts and is now being rolled out across England and Wales. The court takes a more investigative approach, looking at the child's situation and gathering information early, with a report on the impact of the dispute on the child, instead of moving through several separate hearings. There is a particular focus on the child's voice and on safety where there has been domestic abuse. Which model your case follows depends on where your court is. Jason appears at hearings in Child Focused Courts, and can explain in a conference what it means for your case.

What is a decision hearing?

A decision hearing is a hearing at which the judge makes a decision on the issues in your case. In the Child Focused Court model it follows an early report from Cafcass on how the dispute affects your child, and in many cases it is where the court makes final orders, often as the only hearing. The judge may try to help you reach agreement at the hearing. If that fails, the judge decides. Because there may be fewer hearings, the first decision hearing may also be the last, so it is a hearing to prepare for properly. In some cases the judge may not need you to give evidence and may hear from the barrister on your behalf. A conference with Jason beforehand is essential, so that you know what the judge will focus on, what matters and how to put your case. Jason appears at decision hearings.

What is a fact-finding hearing, and do I need a barrister for it?

It is a hearing where the judge decides disputed allegations, such as domestic abuse, before deciding what arrangements are right for the child. They are demanding because witnesses are questioned. Jason's advice is always that you have a barrister for these hearings. A barrister can prepare your case and cross-examine the witnesses for you, including the other parent, and that makes a real difference. In some cases involving domestic abuse the court has rules on how this is done, and Jason will explain what applies to your case. He acts in these cases regularly. A conference with Jason well before the hearing is essential, so that your case is prepared and you know what to expect.

What is a final hearing?

The final hearing is the hearing at which the judge hears the evidence and makes a final decision about the arrangements for your children. Each parent normally gives evidence and can be questioned, and the judge may hear from others, such as a Cafcass officer. The orders made are intended to last, so it is the hearing that matters most. A conference with Jason well before the final hearing is essential. He can advise you on the strengths and weaknesses of your case, on tactics, on how the evidence will be dealt with and on what the court is likely to order. Jason appears at final hearings.

What is an appeal hearing?

If you think the judge got it wrong, you may be able to appeal. You normally need permission to appeal, and it has to be asked for quickly, usually within 21 days of the date of the decision. Permission is given if the appeal has a real prospect of success, or there is some other compelling reason for it to be heard. The appeal court does not hear the case again. It considers whether the decision was wrong, or unjust because of a serious procedural or other irregularity. Jason is often instructed on whether there is a good basis for an appeal, including by people he did not represent at the hearing, and he appears at appeal hearings. A conference as soon as possible after the decision is essential, because of the time limit and because it is important to know quickly whether an appeal has a real prospect.

Mediation, outcomes and support

Do I have to have mediation first?

Usually, yes. Before you apply to the court about your children you normally have to attend a Mediation Information and Assessment Meeting (a MIAM), which is an initial meeting with a mediator, unless an exemption applies. Exemptions include where there has been domestic abuse (with the right evidence), where you have already been to mediation about the same dispute in the last four months, and where no mediator is available. Jason can advise you on whether an exemption applies to you.

Can Jason promise me the outcome I want?

No, and anyone who promises that is not being straight with you. What Jason can promise is honest advice, thorough preparation and clear advocacy for you and your children. The court always decides what is best for the child.

Can I speak to Jason if I am scared or in danger?

Yes, you can speak with Jason. If you are in danger now, call 999. If domestic abuse is part of your case, tell his clerks when you get in touch so that your hearing can be handled safely, for example with separate waiting areas. For support, the National Domestic Abuse Helpline is free and confidential and is open 24 hours a day on 0808 2000 247. Men who are experiencing abuse can call the Men's Advice Line on 0808 801 0327.

This page is general information about family law in England and Wales. It is not legal advice and does not create a barrister–client relationship. Every case is different, so please take advice on your own situation.