What happens at a first family court hearing?

This refers to the first hearing in connection with an application about children (for example a dispute about where children should live), at which the court will consider preliminary safeguarding checks on the family and will attempt to resolve the matter or identify the range of dispute if this is not possible.

What happens after a fact finding hearing?

A Fact Finding Hearing is a type of court hearing that considers the evidence surrounding allegations, and the court will make a decision as to whether alleged incidents did or did not happen. After having heard the evidence, the judge will decide whether the alleged incidents happened or not.

Is a fact finding hearing necessary?

A fact find hearing is not relevant in every case. Usually a fact find hearing is needed where there are allegations. The courts will order a fact find hearing if the allegations will affect the final outcome. If the allegations will not alter the final outcome a fact find hearing will not be ordered.

What happens during a without notice hearing in Family Court?

During a without notice hearing, the judge will hear your reasons for making the application without informing the other party and may make the order you request or may postpone making the order until they have also heard from the other party.

What to do if your case is urgent in Family Court?

If your case is urgent then you should inform the court staff that you need your case to be heard urgently. You should contact the court before going there as some courts require you to make an appointment first.

What happens at the end of finding of fact hearing?

At the end of the finding of fact hearing, if the court decides that the other party has been violent towards you or the children then any order it makes will need to ensure that the child is not at risk of harm.

How does a judge make a decision in a child custody case?

After hearing the evidence the judge will either take a break or give a decision straight away. The judge will summarise what you have said and what the other party has said and give a decision on what should happen with the child’s future. The judge will give reasons for the decision, which you should try and note down.

How to prepare for a child custody hearing?

This includes arriving on time, dressing for court, and demonstrating proper courtroom etiquette in front of the judge. Do teach yourself about family law. Read up on the child custody laws in your state so that you will know in advance what to expect. Do prepare documentation.

During a without notice hearing, the judge will hear your reasons for making the application without informing the other party and may make the order you request or may postpone making the order until they have also heard from the other party.

Can a judge hear recordings in a custody case?

Technically, such recordings should not be permissible, but some courts will hear them for the purpose of evaluating a parent’s intentions and mental state. Do not be caught on tape saying things you would not say with the judge present.

Do you involve your kids in the court case?

View it as an opportunity to demonstrate just how far you’re willing to go for your kids. Don’t involve your children in the court case. You may be tempted to share the details of the case with your kids, but it’s important to let them be kids right now and not place the burden of adult issues on their shoulders.