Family law is an area of law that covers a variety of issues related to family matters. From marriage and divorce to child custody and adoption, family law advice is required when you want to assert or defend your rights and obligations.
There are many reasons that people don't or can't attend family court hearings. They are unsure of what would happen if they didn't turn up; they are nervous; they are scared; they don't know what they would be required to do; they don't know what they would be required to say etc. You can also just be unwell or physically unable to attend court.
This blog will look at why you should attend a family court hearing and why not being in court may have serious consequences.
What happens at Family Court?
Firstly, it is important to understand what will happen at court. Some attendances are only minor, but in most instances the judge will be making a decision about your case.
As this is where your matter is going to be decided and has impacts for your family it is important to attend and keep up to date with your matter.
It's very important that you attend Court. However, if it is not possible for you to attend Court, make sure you have someone there on your behalf.
Family law matters can have a big affect on your life because they can directly impact influence the rights and decisions for your family.
If you do not go to court the judge will make decisions about your case without hearing your side of the story. So, it's important to attend all court hearings, even if you think the outcome, is a foregone conclusion.
Court orders are very difficult and expensive to overturn and it is better to try and have the court order amended in the first instance.
Also consider the way you think now and what you want may not be how you think in the future so fighting for your rights is important in family law matters.
If you have a lawyer, they or the barrister they can attend on your behalf. Courts have many rules and procedures. Lawyers understand the requirements and can navigate the family law court system quickly and efficiently saving you a lot of time.
Decisions the court can make...
In your absence the otherside will likely get an ex partie order. This means that what terms and orders they want they will get as it not being contested.
If you are unaware of the terms in an order, make sure you contact a family lawyer as soon as possible so they can explain to you what orders were made.
Do you need a lawyer in family court proceedings?
If you can't afford representation, you can represent yourself in court. This can greatly affect the outcome of your case and you should get as much legal advice as possible to prepare yourself.
However, if you choose to work with a lawyer, he or she will have your best interests at heart and will be able to make sure that the entire situation is handled correctly and professionally.
If you're found guilty of contempt of court, you may be fined or jailed.
It's very important that you attend Court. However, if it is not possible for you to attend Court, make sure you have someone there on your behalf. If you are unaware of the terms in an order, make sure you contact a family lawyer as soon as possible so they can explain to you what orders were made.
What if I am sick or have other commitments?
An adjournment can be applied for if you know beforehand that you will not be attending court.
If you have a court date and are running late or realise you cannot attend, call the court as soon as possible. If you are sick you should get a medical certificate and fax or email it to the court.
How we can help you...
Going to court can be stressful, time-consuming and costly. You have to make time in your schedule to go to court and you often have to take time off work for the process.
A family lawyer will ensure that your matter is handled efficiently without wasting your time or money.
Our team will look for ways for you to resolve your issue outside of court. We work through mediation and private negotiations to get agreements. If you have to attend court, we'll present a well-prepared case to the judge and improve your outcome.
We are experienced in the practice of family law, which gives us the ability to keep abreast of the constantly changing law in this area. Our practice skill set allows us to provide our clients with objective, unvarnished advice.
They will also look for ways for you to avoid court by proposing mediation and negotiating settlements outside of court.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
