Family law intake questions for the first call

Family law intake questions on the first call should establish, in this order: whether the caller is safe to talk, who they are and how to reach them safely, the other party's name for a conflict check, whether there are children, any court dates or deadlines, and how they expect to fund the work. Detailed facts and advice belong with the solicitor, after the conflict check.

This post gives a question list for the first call in a UK family practice, the order to ask it in, and the traps specific to family work. It is an operations checklist, not legal advice. Your firm's safeguarding approach, its conflict procedure and anything a caller is told about their options are matters for your family solicitors and your COLP. For the general intake sequence this fits into, see our guide to the law firm client intake process.

Why are family law intake calls different?

Three reasons.

First, the caller may not be safe. Some people ring a family firm from a situation involving abuse or coercion, sometimes with the other person nearby. A standard form that starts with "what is your address?" can put them at risk.

Second, the other party can be somebody the firm has met. In a small town, a family firm may have acted for either spouse on a house purchase, a will or an earlier matter. The conflict check matters more, and the details of the problem should not be taken until it has been run.

Third, the caller is often distressed and wants reassurance, which makes it easy for a well-meaning member of staff to drift into advice. "You'll definitely get the house" or "they can't stop you seeing the children" are the kind of sentences that should never be said by the person taking the enquiry.

What should you ask first on a family law enquiry?

Safety, before anything else. Suggested wording (agree your own with your family team):

• "Is it safe for you to talk right now?"
• "If we get cut off, is it safe for us to call you back on this number?"
• "Is there a safe time or a safe way to contact you, for example by email, or only at certain times?"
• "Would you like us to avoid leaving voicemails or sending texts?"

If the answer suggests the caller is in immediate danger, the call should follow your firm's safeguarding procedure, which should include directing them to emergency services. Write that procedure down, and make sure everyone who might answer the phone, including out of hours, knows it.

What are the core family law intake questions?

Once it is safe to continue, a first call needs roughly ten questions. Keep it short. The aim is a conflict check and a well-routed call back, not a full history.

• 1. Your full name, and any previous names (for example a maiden name).
• 2. How should we contact you? Confirm number and email, and any restrictions from the safety questions.
• 3. The other person's full name, and any previous names.
• 4. Is this about separation, divorce, children, money, or something else? Record it in the caller's words.
• 5. Are there children? Ages only at this stage.
• 6. Are there any court proceedings already, or any court dates?
• 7. Has anyone given you a deadline, or sent you papers? A letter, an application, a hearing notice.
• 8. Have you spoken to another solicitor or a mediator about this?
• 9. How are you thinking of paying for legal help? Privately, legal aid, or not sure.
• 10. How did you hear about us?

That is enough for a conflict search and for the family team to decide who should call back and how quickly.

Which family law questions should wait for the solicitor?

Anything that involves the facts of the relationship, the finances in detail, allegations about the other party, or what the caller should do. These belong in the solicitor's first conversation, for two reasons.

The conflict check has to come first. If the firm has acted for the other party, it should not be hearing the caller's account of the marriage. The SRA's guidance on conflicts of interest says it is better to avoid a conflict arising by declining at the outset.

And the solicitor needs to ask follow-up questions that only a qualified person can judge. The person taking the enquiry should be comfortable saying, "That's exactly the kind of thing the solicitor will want to go through with you."

How do you handle urgency in family enquiries?

Some family matters cannot wait for a call back tomorrow. Signs the enquiry should be escalated the same day, under your firm's own rules:

• A court hearing in the coming days.
• Papers received with a deadline to respond.
• A child being taken, or threatened to be taken, somewhere the caller cannot follow.
• Safety concerns for the caller or a child.

Write your own list with your family solicitors, and put it next to the phone. The person taking the call does not need to know the law. They need to know which answers mean "get a solicitor now".

Should reception mention mediation or MIAMs?

Only as information, and only if your family team is happy with the wording. GOV.UK explains that a person will usually need to show they have attended a Mediation Information and Assessment Meeting (MIAM) before applying to court about child arrangements, and that there are exemptions, for example where there has been domestic abuse. Whether an exemption applies to a caller is a question for the solicitor, not the intake call.

A reasonable line for staff might be: "The solicitor will talk you through the options, including mediation, when they call." That tells the caller something useful without giving advice.

How do you ask about funding on a family call?

Plainly and without judgement. Many family callers are worried about cost and some may be eligible for legal aid for some types of work. GOV.UK notes, for example, that legal aid can cover a MIAM and mediation for eligible people.

A suggested question: "Are you thinking of paying privately, or would you like to know whether legal aid might be available?" If the firm does not do legal aid work, say so early and have a short list of where the caller could look. That is kinder than a call back from a solicitor who then has to say the same thing. If the firm publishes prices for any of its services, staff should know where they are. Our post on the SRA transparency rules and enquiries covers how price questions are handled on the phone.

A worked example: a first family call

Here is a hypothetical call, with invented details, to show the order in practice.

A caller rings at 8.15pm. The person answering asks if it is safe to talk. The caller says yes, but asks not to be called back after 6pm on weekdays. Name, previous name, and email are taken. The other party's name is taken. The matter is "we've separated and I want to sort out when I see the kids". Two children, aged 6 and 9. No court proceedings. No papers. No other solicitor. Paying privately. Found the firm through a friend.

The call takes about four minutes. Nothing about the relationship itself is recorded. The next morning, the conflict search on both names comes back clear. The family team sees the note "no calls after 6pm" and a solicitor rings at 10am. The caller does not have to repeat anything, and the solicitor starts the conversation already knowing what matters.

What are the common mistakes on family intake calls?

• Asking for the address first. Ask about safety and safe contact first.
• Leaving a voicemail that names the firm when the caller asked for discretion.
• Taking the full story before the conflict check.
• Reassurance that sounds like advice. "Don't worry, courts always..." should never be said.
• Letting the caller wait days. A family enquiry with a hearing next week needs a same-day call.
• Using a general form. The questions above do not appear on a conveyancing form, and should not.

How should the family intake questions be recorded?

In the same intake record the rest of the firm uses, with a family section added. The general fields (name, contact, other party, how they heard) should be identical across practice areas so conflict searches and reporting work across the firm. Our law firm client intake form template describes a three-tier form with a practice-specific block, and our client intake process flow chart shows where a safety decision point fits.

Mark any contact restrictions clearly at the top of the record, and carry them into the case management system when the file opens, so they survive the handover from intake to the matter team. If a fee-earner's assistant calls the caller back at the wrong time because the note was buried, the note has failed.

What about evening and weekend family enquiries?

Some family enquiries are made outside office hours, when the caller finally has a quiet moment or the other person is out. Those calls should be covered with the same safety-first order. For how firms approach this more widely, see our posts on who answers your firm's phone after five and on marketing a family law firm.

Where WasilX fits

Cam, our AI Engagement Coordinator, can take calls on a family firm's line at any hour. It says it is AI, asks the firm's own qualifying questions in the order the firm sets, books the call back and sends the firm a summary. Cam does not give legal advice and does not decide anything about a matter; those stay with the family team. If you would like to go through your own first-call questions with us, start a conversation.

Frequently asked questions

What questions should a family law firm ask on the first call? Start with safety: is it safe to talk and to call back. Then name and previous names, safe contact details, the other party's name, what it is about, whether there are children, any court dates or papers, any other solicitor, funding and how they heard about the firm.

Why ask about safety first? Some callers contact a family firm from an unsafe situation. Asking first whether it is safe to talk, and how to call back safely, avoids putting them at risk with a voicemail or a call at the wrong time.

Should reception take the details of the relationship? No. Detailed facts belong with the solicitor, after the conflict check. The first call should gather enough to run the check and route the enquiry.

Should the first call mention mediation? Only as general information agreed with the family team. GOV.UK explains that a MIAM is usually needed before a child arrangements application, with exemptions. Whether one applies is for the solicitor.

How quickly should a family enquiry be called back? The same day if there is a hearing, papers with a deadline, a child at risk of being moved, or any safety concern. Your family solicitors should write the escalation list.