SPECIAL MEASURES
If you have to go to court to deal with a family issue you may feel intimidated or scared to meet your ex partner, have to see him or her in the courtroom and the thought of being questioned by them may send you into a spiral of anxiety.
Do not worry there is an application you can make to the court to request special measures and provisions to be put in place in order to help you ( or a witness) participate or give evidence in court.
The court can order that you have separate entrances, waiting rooms, screens in the court or give evidence via video link. There is also the option of the court appointing a Qualified Legal Representative to ask questions on your behalf or the other party’s behalf if you are unrepresented ( see article on Qualified Legal Representatives)
The family courts have a duty to consider the vulnerability of the witness. There is however no definition of “vulnerable” so the court will have to consider all factors including, age, mental capacity and if they have any other disabilities. The court has to decide that it is necessary for the special measures to be put in place to assist the party or witness to improve their ability to participate in the court case effectively and the adequacy of the evidence they are able to give and rely on.
Special measures in family proceedings are governed by Part 3A of the Family Procedure Rules 2010, supported by Practice Direction 3AA.
If you are under 18 you are automatically considered a vulnerable witness.
If you are issuing proceedings then you can complete the section on the C100 (children proceedings) and FL401 (non molestation / occupation order) setting out why you feel you need these provisions in place and exactly what it is you require.
If you are already in proceedings then you can complete a C2, which is an application for an order in ongoing proceedings, again setting out what measures and provisions you require and why you require them.
If special measures are granted in your case then it may be sensible to contact the court a few days before the hearing, quoting the case number, just to double check that they are aware of the special measures that have been ordered. This will prompt the court office in case it has been overlooked but also give you the piece of mind that everything is in place and you feel comfortable at safe attending the court and the hearing.
If you are involved in ongoing proceedings or you are intending to issue your own application and you need help completing any of the applications, preparing your statements or just need some support and assistance to feel that your case is prepared and your voice is being heard then please contact us.