Financial provisions for unmarried couples who have had children together, but are now no longer in a relationship, are dealt with in the Court of Summary Jurisdiction.
If you wish to receive maintenance payments in respect of the child(ren) or wish to submit an application for parental responsibility and contact with the child(ren) you should apply to this court.
If you were married when you had the child(ren) then your application needs to be dealt with in the family courts.
Attending court for Financial Provision business
The court is a 'closed' court and as such no members of the public will be permitted to sit in the public gallery. This means the only people who will be present in the courtroom are:
-
the High Bailiff or Deputy High Bailiff
-
the court clerk
-
the court usher
-
the applicant
-
the respondent
-
advocates for both the applicant and respondent
-
Court Welfare Officer
If you are the person making an application, you be known as the applicant, and the party you are bringing to court will be known as the respondent.
The court will inform you, or your advocate if you have one, of the date and time of the hearing.
Do I have to attend court?
If you are the litigant in person you must attend the hearings on the dates and times specified by the court. However if you are legally represented you are not required to attend the hearing if you have agreed this with your advocate. Be aware if you are not legally represented and you do not turn up, the High Bailiff may make an order in your absence.
What do I do when I get to court?
You should arrive at the courthouse shortly before the time of the hearing. When you arrive at the courthouse you will have to pass through security. You and/or your advocate should notify reception that you have arrived. Reception staff will tell you which courtroom you should go to and where the waiting area is.
When it is time to go into court you will be called.
What is a directions hearing?
A directions hearing is a short 15 minute appointment to allow you to outline your case to the High Bailiff. The High Bailiff will ask you questions to help him understand your situation. He will also ask the other party questions.
The High Bailiff may need further information or further hearings with you to enable him to make an order. You will be advised of this in the hearing and confirmation will be sent out to you in the post.
Make sure you have submitted all the relevant information before this hearing, and bring a copy of all the relevant information with you to this hearing. Bring an extra copy just in case.
Who can come to court?
Financial Provision business is carried out in a "closed" court. This means that the only people who will be in the courtroom whilst your case is being heard are:
-
the High Bailiff or the Deputy High Bailiff
-
the court clerk
-
the court usher
-
you, the applicant
-
your advocate
-
the respondent
-
the respondent's advocate
-
the Court Welfare Officer
No members of the public will be permitted to sit in the public gallery.
How should I behave in court?
Please switch off or silence your mobile phone or pager before coming into the courtroom. Items such as video cameras, tape recorders, radios or other electronic equipment are not allowed in the courtroom.
Financial Provision business is carried out in closed courts (in chambers). When you are in a chambers hearing you may remain seated when addressing the judge. You must be polite at all times, never shout or use vulgar expressions and never interrupt other people when they are speaking. It is important you remain calm: everyone will have their turn to speak. If you speak out of turn, or are rude to the judge you may be held in contempt of court.
If you wish to hand any documents to the judge you must ask for permission. You must then hand them to the court clerk, who will then pass them to the judge.
What do I call the judge?
The High Bailiff/Deputy High Bailiff who presides over the Financial Provision business of the Court of Summary Jurisdiction is addressed as "Your Worship".
Judgment
When the High Bailiff/Deputy High Bailiff has finished considering all the evidence, you will be informed of the judgment in the form of a court order. Confirmation of this order will be sent to you and/or your advocate in the post.
Can I appeal against the judgment?
If you are dissatisfied with the court order you can apply for a variation. The form for this is available at the public counter. This also applies if your circumstances change after the court order has been made.
Please be aware that, under section 27(4) of the High Court Act 1991, all court proceedings are digitally recorded. For further information please refer to our In-Court Technology section.
If you have an application against you, you will be known as the respondent, and the party bringing you to court will be known as the applicant.
The court will inform you, or your advocate if you have one, of the date and time of the hearing.
Do I have to be in court?
If you are the litigant in person you must attend the hearings on the dates and times specified by the court. However if you are legally represented you are not required to attend the hearing if you have agreed this with your advocate. Be aware if you are not legally represented and you do not turn up, the High Bailiff may make an order in your absence.
What do I do when I get to court?
You should arrive at the courthouse shortly before the time of the hearing. When you arrive at the courthouse you will have to pass through security. You and/or your advocate should notify reception that you have arrived. Reception staff will tell you which courtroom you should go to and where the waiting area is.
When it is time for you to come into court you will be called.
What is a directions hearing?
A directions hearing is a short 15 minute appointment to allow you to outline your case to the High Bailiff. The High Bailiff will ask you questions to help him understand your situation. He will also ask the other party questions.
The High Bailiff may need further information or further hearings with you, to enable him to make an order. You will be advised of this in the hearing and confirmation will be sent out to you in the post.
Make sure you have submitted all the relevant information before this hearing, and bring a copy of all the relevant information with you to this hearing. Bring an extra copy just in case.
Who will be in the courtroom?
Financial Provision business is carried out in a "closed" court. This means that the only people who will be in the courtroom whilst your case is being heard are:-
-
the High Bailiff
-
the court clerk
-
the court usher
-
you, the respondent
-
your advocate if you have one
-
the applicant
-
the applicant's advocate if he/she has one
-
the Court Welfare Officer
No members of the public will be permitted to sit in the public gallery.
How should I behave in court?
Please switch off or silence your mobile phone or pager before coming into the courtroom. Items such as video cameras, tape recorders, radios or other electronic equipment are not allowed in the courtroom.
Financial Provision business is carried out in closed courts (in chambers). When you are in a chambers hearing you may remain seated when addressing the judge. You must be polite at all times, never shout or use vulgar expressions and never interrupt other people when they are speaking. It is important you remain calm: everyone will have their turn to speak. If you speak out of turn, or are rude to the judge you may be held in contempt of court.
If you wish to hand any documents to the judge you must ask for permission. You must then hand them to the court clerk or usher, who will then pass them to the judge.
What do I call the judge?
The High Bailiff/Deputy High Bailiff who preside over the Financial Provision business of the Court of Summary Jurisdiction are addressed as "Your Worship".
Judgment
When the High Bailiff/Deputy High Bailiff has finished considering all the evidence, he will inform you of his judgment in the form of a court order. Confirmation of this order will be sent to you and/or your advocate in the post.
Can I appeal against the judgment?
If you are dissatisfied with the court order you can apply for a variation. The form for this is available at the public counter. This also applies if your circumstances change after the court order has been made.
Please be aware that, under section 27(4) of the High Court Act 1991, all court proceedings are digitally recorded. For further information please refer to our In-Court Technology section.