Key Judgements to Quote in Family Court Proceedings

William Slivinsky
1 day ago
6 min read

Updated: 22 hours ago

If you are representing yourself in the Family Court, knowing the right authorities to quote can make a real difference. This guide brings together some of the most important judgments every litigant in person should know — decisions that explain how the court must behave, how hearings must be run, and what fairness really means in practice.

Whether you’re preparing for a fact-finding hearing, responding to unfair treatment, or challenging a procedural mistake, these are the cases you can rely on. Each authority includes a plain-English summary and key quotes that you can safely refer to in court.

Find your situation (and the matching authority)

Below you’ll see case-by-case prompts written as questions — for example: “Do you feel you were interrupted, spoken over, or treated unfairly by a judge, magistrate, or clerk during your hearing?” Click your situation to see what to do next, the authority that applies, a plain-English summary, and key quotes you can safely use in court.

What you’ll get from this article: a plain-English guide to the exact judgments to quote for common Family Court problems — plus what to ask for in the hearing. Choose the question that matches your situation below to see the authority to rely on and the key quotes to use.

What to quote if you were interrupted, spoken over, or treated unfairly by the judge or magistrates? — Serafin v Malkiewicz & Ors [2020] UKSC 23 ⬇️
What to do if your fact-finding hearing is set to proceed and no QLR has been allocated? — Re Z (Prohibition on Cross-Examination: No QLR) [2024] EWFC 22 ⬇️
What to quote when court directions aren’t followed or your case keeps being delayed? — Re W (Children) [2014] EWFC 22 ⬇️
What to do if the court says it will ask your questions itself (no QLR)? — PS v BP [2018] EWHC 1987 (Fam) ⬇️
What to quote if the judge effectively ‘took over’ cross-examination? — K and L (Children: Fairness of Hearing) [2023] EWCA Civ 686 ⬇️
What to ask for before a vulnerable witness gives evidence? — Re J (Children) [2018] EWCA Civ 115 ⬇️
What to quote if the judge raised or decided a point that no one argued? — Villiers v Villiers [2022] EWCA Civ 722 ⬇️
What to cite if the judge proposes to conduct the questioning personally? — H v L and R [2006] EWHC 3099 (Fam) ⬇️
What to quote if your fact-finding hearing feels bloated or unfocused? — Re C (A Child: Fact-Finding Hearing) [2022] EWCA Civ 584 ⬇️
What to quote when arguing proportionality and Article 8 (right to family life)? — Re B (A Child) [2013] UKSC 33 ⬇️

Serafin v Malkiewicz & Ors [2020] UKSC 23

What to quote if you were interrupted, spoken over, or treated unfairly by the judge or magistrates?Use Serafin on judicial neutrality and unfair hearings when the court “enters the fray.” It shows that when a judge becomes too involved or argumentative, the fairness of the trial is lost.This case went to the Supreme Court because the trial judge’s conduct crossed the line — constant interruptions and hostile questioning made the hearing unfair. The judgment confirms that judges must remain impartial and avoid taking on an advocate’s role. It’s powerful when arguing that a hearing was unbalanced or intimidating for a self-represented party. 👉 Read more…

Re Z (Prohibition on Cross-Examination: No QLR) [2024] EWFC 22

What to do if your fact-finding hearing is set to proceed and no Qualified Legal Representative (QLR) has been allocated?Follow Re Z: ask what searches have been made to find a QLR, seek an adjournment or list-back, and request written questions or a ground rules hearing. The judgment confirms that the court should not conduct cross-examination itself unless absolutely necessary.Sir Andrew McFarlane P explained that the process of questioning by the court is “burdensome, unnatural and tricky” and must be avoided wherever possible. The court should explore all alternatives before stepping in, including further searches for a QLR or written questioning. Use this authority to protect fairness if the bench or clerk starts asking your questions for you. 👉 Read more…

Re W (Children) [2014] EWFC 22

What to quote when court directions aren’t followed or your case keeps being delayed?Re W supports strict compliance — every party, including local authorities and parents, must obey orders “to the letter and on time.” Use it when the other side or the court drifts from its own timetable.Sir James Munby warned that delays in family cases cause injustice to children and families alike. This case is often quoted to press the court to keep hearings on track and hold parties accountable. It can be used to remind the judge that repeated adjournments undermine the welfare principle and procedural fairness. 👉 Read more…

PS v BP [2018] EWHC 1987 (Fam)

What to do if the court says it will ask your questions itself?PS v BP — your case must still be put fully, properly and fairly, with written questions and ground rules.Hayden J held that when a judge takes over questioning, they must ask your questions in full and not “water them down.” If the court changes or simplifies your questions, it risks making your case look weaker. You can quote this case to ask that your full written questions be read as submitted, especially in hearings where no QLR is available. 👉 Read more…

K and L (Children: Fairness of Hearing) [2023] EWCA Civ 686

What to quote if the judge effectively “took over” cross-examination?K & L shows that excessive questioning by the judge can make the hearing unfair and justify appeal.In this case, the judge asked more than 200 questions and effectively replaced the advocate. The Court of Appeal ruled that this created an appearance of bias and made it impossible for the judge to remain neutral. You can rely on this when challenging a hearing where the judge or clerk dominated questioning or appeared to argue the other side’s case. 👉 Read more…

Re J (Children) [2018] EWCA Civ 115

What to ask for before vulnerable-witness evidence is heard?Re J backs holding a Ground Rules Hearing and setting clear limits on questioning to protect fairness.The court should make participation directions and agree questions in advance whenever a vulnerable witness is giving evidence. This case confirms that fairness requires preparation, structure, and judicial control of tone and scope. You can quote Re J when you need more time or structure before oral evidence starts. 👉 Read more…

Villiers v Villiers [2022] EWCA Civ 722

What to quote if the judge raised or decided a point that no one argued?Villiers confirms judges must not introduce or decide issues that neither party raised — key for appeals on fairness.The Court of Appeal found that when a judge raised new legal points not discussed by either side, it deprived the parties of a fair opportunity to respond. This judgment reinforces the principle that a judge must stay neutral and decide only what’s properly before the court. Use it when you feel the bench decided something “off script.” 👉 Read more…

H v L and R [2006] EWHC 3099 (Fam)

What to cite if the judge proposes to conduct questioning personally?An early authority showing a “profound sense of unease” about judges doing questioning — supports challenges to procedural fairness.Justice Roderic Wood made clear that when judges step in to question, they risk losing objectivity and the ability to assess evidence fairly. The case is often quoted alongside Re Z to highlight that questioning by the court should be the absolute last resort. You can rely on it to argue for adjournment or written questions instead.👉 Read more…

Re C (A Child: Fact-Finding Hearing) [2022] EWCA Civ 584

What to quote if your fact-finding hearing feels too long or unfocused?Re C emphasises proportionality — focus only on what’s relevant, not every small dispute.The Court of Appeal warned against unnecessary fact-finds that drain time and harm fairness. Judges are reminded to focus on essential allegations that affect welfare outcomes. Quote Re C when you need to narrow issues or stop a case from becoming unmanageable.👉 Read more…

Re B (A Child) [2013] UKSC 33

What to quote when arguing proportionality and Article 8 (right to family life)?Re B sets the Supreme Court’s test for when state interference with family life is justified — a core appeal authority.The Court ruled that any order interfering with family life must be “necessary and proportionate” to a legitimate aim. It’s the leading authority for appeals involving removal of a child or restrictions on parental contact. Use it to remind the court that family life cannot be limited without compelling evidence.👉 Read more…

By William Slivinsky, W-S Paralegal ServicesProfessional guidance and paralegal services for litigants in person.