For many people, the thought of going to family court is intimidating.
Maybe you’ve never been inside a courtroom before. Maybe you’re worried about saying the wrong thing. Or perhaps you’ve spent hours reading things online and now feel even more anxious about what to expect.
The good news is that family court is usually nothing like the dramatic courtroom scenes you see on TV.
Most hearings are held in private, and the focus is on finding a way forward for the family involved, especially where children are concerned.
Why Do People End Up in Family Court?
Not every family law matter ends up in court.
Many parents are able to reach agreements themselves or through mediation. But sometimes an agreement can’t be reached, and a judge or a magistrate needs to make a decision.
Common reasons people attend family court include:
- Child Arrangements Orders
- Specific Issue Orders
- Prohibited Steps Orders
- Non-Molestation Orders
- Occupation Orders
- Divorce-related matters
- Financial disputes following separation
Every case is different, but the process usually follows a similar structure.
What Happens Before the Hearing?
Before a hearing takes place, you’ll normally need to submit paperwork explaining your situation and what you’re asking the court to decide. Depending on the type of application, there may be additional documents, statements or evidence required.
This is often where people start to feel overwhelmed. Family court forms can be lengthy and confusing, especially if you’ve never completed them before.
Making sure everything is properly prepared before a hearing can help things run
more smoothly.
Arriving at Court
On the day of the hearing, you’ll usually need to arrive a little early.
After checking in, you’ll wait in a waiting area until your case is called. In some family courts, separate waiting areas may be available where appropriate.
It’s normal to feel nervous. Most people do.
Remember, you’re not expected to know legal terminology or speak like a lawyer.
Inside the Hearing
Family court hearings are usually held in a private room or courtroom.
The judge or magistrate will hear from everyone involved and ask questions to better understand the situation.
The exact format depends on the type of case, but generally they will want to know:
- What the issues are
- What each person is asking for
- Whether any agreement can be reached
- What outcome would be in the best interests of any children involved
The judge or magistrate may make a decision on the day, or further hearings may be needed.
Judge or Magistrate – What’s the Difference?
In family court, both judges and magistrates make legal decisions, but they have different roles.
- A judge is a legally qualified professional who hears family cases every day. They usually deal with more complex or high-conflict cases.
- Magistrates are trained volunteers from the local community. They aren’t lawyers, but they work as a panel of three and are supported by a legal adviser who explains the law.
Whether your hearing is in front of a judge or magistrates, they both have the
power to make decisions about your case. Their job is the same: to make decisions based on the law and what’s in the child’s best interests.
What Is a Court Order?
A court order is a legally binding decision made by the court.
The type of order will depend on the case.
For example, a Child Arrangements Order may set out where a child lives or spends time. A Prohibited Steps Order may prevent a particular action from taking place. A Non-Molestation Order can provide protection in situations involving abuse or harassment.
Once an order is made, it must be followed.
Do You Need a Solicitor?
Not everyone attending family court has a solicitor.
Some people choose to represent themselves, often referred to as being a litigant in person.
If you are representing yourself, it can still be helpful to have support with paperwork, preparation and understanding the court process.
Some people also choose to have support from a McKenzie Friend, who may be able to assist with practical aspects of their case and provide support during hearings.
The Most Important Thing to Remember
Family court isn’t about winning or losing.
The court’s role is to make decisions based on the facts of the case and, where children are involved, what is in their best interests.
If you’re attending court for the first time, it’s completely normal to feel uncertain. Most people do.
Getting organised, understanding the process and making sure your paperwork is in order can help you feel much more prepared.
Need Help Preparing for Family Court?
Whether you’re making an application, responding to one, preparing statements, organising evidence, or trying to understand what happens next, Family Law Paralegal Services can help.
Don’t leave your paperwork until the last minute and don’t rely on conflicting advice from social media groups.
Book your free, no-obligation initial call today and find out how we can help you prepare, stay organised and approach your case with confidence.
Family court can feel overwhelming, but you don’t have to figure it all out on your own.
Get in touch with Family Law Paralegal Services today and take the first step towards feeling more prepared and in control of your situation.