Family law court hearings can be particularly stressful and daunting, even in the best of circumstances. The sensitive nature of these proceedings can often make the process more complex and emotionally charged.
Being a specialist area of law, family law requires precise understanding and navigation.
It is highly recommended that you engage a family law solicitor to provide legal advice as soon as possible when preparing for a family law court hearing.
In addition to obtaining professional legal advice and representation, a key part of reducing stress levels and enhancing your readiness for a family law court hearing includes thorough preparation, managing your emotions, and developing a nuanced understanding of court processes and etiquette.
Legal Representation in Family Law Court Hearings
Obtaining legal representation will make a substantial difference, not only in the outcome of a family law matter, but because lawyers also possess invaluable knowledge in relation to court hearings to guide you through the process or ideally, assisting to resolve the matter without proceeding to court.
As there are numerous documents and processes that need to be adhered to prior to a family law matter proceeding to court, a family lawyer can ensure these processes are followed.
Preparation
There are a number of documents that must be filed with the Court such as affidavits, financial documents and other procedural documents.
Information is available through Victoria Legal Aid and the Federal Circuit and Family Court of Australia to assist with preparation for court. Other preparation might include printing relevant documents and bringing them with you, or viewing an open court matter beforehand so you get a feel for how the Court operates.
Managing Emotions
It is normal to feel a wide array of negative emotions during legal proceedings. However, it is important to manage these during proceedings to ensure you are acting rationally with a level head.
Where children are involved, it is especially important to shield them from your negative emotional states as they tend to feel the burden of their parent’s emotions.
It is also important to recognise when your emotions are too much for you to handle on your own and to seek help from a counsellor or psychologist if necessary.
Court Room Etiquette
The court is a formal setting and so it is recommended to dress accordingly in professional attire.
It is recommended you arrive around 30 minutes early for your hearing in order to make your way through security and find your courtroom.
Before entering the courtroom, you should turn off your mobile phone.
Next Steps
The first court event for a family matter is a procedural hearing where the Judicial Registrar will make orders based on what steps need to be taken for progression of the matter.
Following this, other hearing may occur such as a directions hearing, an interim hearing, Compliance and Readiness Hearing, Trial Management Hearing and then the final hearing.
After the final hearing the judge may take some time to deliver their judgement, usually within 3 months.
Depending on which hearing you’re attending the next steps will differ. For more information on family law hearing types, see the Federal Circuit and Family Court of Australia.
Although there are ways to make the court process less stressful and daunting, obtaining legal advice is the best way to ensure your position is advocated for and proceedings are as smooth as possible.
FAQs
What should I know before my first family law court hearing?
It’s imperative to seek legal advice before a family law court hearing and to know how the court works, court etiquette, the time and location of your hearing and potentially organising a support person to attend with you.
What is the role of a judge during a family law court hearing?
In a family law court hearing the judge steers the direction of the case. Where children are involved the judge will focus on the needs of the child. In relation to property settlement, the judge will focus on a fair outcome for each party. In the end, the judge makes the final call as an independent decision maker.
Can I request a change of date for a family law court hearing?
You can request an adjournment where you have a legitimate reason.
Can I appeal a decision made in a family law court?
Yes you may appeal a decision.
What are the potential consequences of missing a family law court hearing?
If you do not attend, and you do not have legal representation appearing on your behalf, orders can be made in your absence or the matter may be listed for an undefended hearing.
How long does a typical family law court hearing last?
Most family law matters are resolved early on in the proceeding, for example at mediation, however a small minority will proceed on to trial before a judge, which can take between 12 months to 2 years depending on the complexity of the matter, with the final hearing usually lasting a couple of days, depending on the number of witnesses each party wishes to call, and the complexity of the matter.
If at all possible, you should obtain legal advice from a solicitor who specialises in family law as soon as possible. There are options for funding your legal fees other than payment as you go if required, for example litigation funding is available if you have a property that you can provide security with, or you may qualify for legal aid assistance.
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Kate Scolyer – Solicitor– Matthies Lawyers
Should you wish to obtain advice regarding your family law matters, please contact Matthies Lawyers for an obligation-free consultation or call +61 3 8692 2517 today.
Disclaimer: This article contains general information only and is not intended to be a substitute for obtaining legal advice