What Happens at the Family Court?

All sorts of family hearings are heard at the family court, ranging from contact, residence, adoption and local authority care. Some family courts are heard in magistrates courts, others are in dedicated family courts centres (usually in larger towns and cities.) Family court hearings are generally less formal than, say criminal cases, in that the barristers are not wearing wigs and gowns, and the style of the hearing is less legalistic than other types of hearings. Of course, that does not mean that you should treat the family court with any less respect – it is still a court environment.

If you're attending family court for the first time and want to know what to bring and how to prepare, you can use our free Court Preparation Checklist.

Getting To Court

Courts often sit at 10.00am or 10.30am. Either way, you should arrive in good time, especially if you are meeting your lawyer beforehand. Always attend your hearings, unless you have explicitly been excluded from having to go along, for example if it’s just a directions hearing that the lawyers need to attend.

On Arrival

When you get to the family court, do not be surprised to see other people sitting around waiting. You should make yourself known to the court usher, who is a man or woman usually wearing a gown and holding a clipboard. Tell them your name and they will mark you down as being in attendance. If your lawyer is already at court, they may introduce you to them if you haven’t met them before, or tell you where you can find them.

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Your Case

Often the court will list several hearings which are called on in the order in which they are ready to proceed. Your first hearing is very unlikely to be your last – as normally you will have a preliminary hearing in which directions are given about evidence, statements of case, and deadlines for when documents need to be served.

The Media

All family court hearings are private. This means that although members of the press may be in court and report on hearings, they cannot name the parties in the case or anyone else involved in the proceedings.

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Effective Hearings

If you are at court for your effective hearing, the applicant or their lawyer will open the case. The applicant is the person making the application, and the respondent is the person opposing it. At the beginning the applicant will make an opening statement about the case and why they are making the application. The respondent will then have a chance to tell the court why they oppose the application. The magistrates, or the judge, will then ask questions if they need to clarify anything and one or both sides may give evidence on their own behalf, and/or call witnesses.

Conduct In The Family Court

Regardless of whether you are represented or not, you should always treat court staff, lawyers and the tribunal hearing the case with respect. For those who are representing themselves in court, in particular, it can be a stressful and nerve-wracking experience. Without exception, though, if you are calm, polite, and controlled in the way that you approach the whole process you will undoubtedly command more respect and authority than someone who loses their temper. Yes, it can be hard if you’re fighting over your children, your livelihood or something else that you feel passionately about – but a calm exterior can do wonders for your case! It is possible to bring a friend or family member with you for support, but make sure that you have cleared this with the court first. You can ask your lawyer to do this for you, if you have one.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Court Form Finder lets you find the right court form for your situation. Family, civil, criminal and tribunal forms. Try it now →