Going to Family Court: What to Expect on Hearing Day

Attending family court for the first time can be daunting. Whether you're going through a divorce, child arrangements dispute, or another family law matter, knowing what to expect can help you feel more prepared. This guide walks you through the key stages of a family court hearing, from arrival to the final decision, ensuring you feel informed and confident on the day.

Before the Hearing: Preparing for Court

Documents and Evidence

Ensure you bring all required documents, such as court orders, witness statements, financial records, or any correspondence from your solicitor. Your legal representative will advise you on what to bring and how to prepare your evidence.

Dress Code

While there is no strict dress code, wearing smart, professional attire is advisable. First impressions matter, and dressing appropriately can help you feel more confident in court.

Who Can Attend?

Family court hearings are generally private, meaning only those directly involved in the case (and their legal representatives) can attend. In some instances, a McKenzie Friend (a non-legal supporter) may be allowed to provide moral support.

Legal Representation

If you have a solicitor or barrister, they will speak on your behalf, present evidence, and cross-examine witnesses. If you are representing yourself, be prepared to present your case clearly and concisely.

Arrival at Court

Security Check

Upon arrival, you will go through a security screening. This includes checking bags and walking through a metal detector. Arriving early allows you enough time to go through this process without feeling rushed.

Checking In

Once inside, check in at the court reception. The staff will direct you to your waiting area or the courtroom where your case will be heard.

Waiting Area

Most courts have designated waiting areas where you can sit before your hearing. These areas are usually separate for each party to minimise tension. Your solicitor or barrister will meet you here to discuss any last-minute details.

People You Will Meet in Court

Court Usher

The usher is responsible for organising hearings, calling cases, and guiding attendees to the correct courtroom. They will notify you when your case is about to be heard.

Your Solicitor/Barrister

If you have legal representation, your solicitor or barrister will be your main point of contact throughout the day, offering guidance and presenting your case to the judge.

CAFCASS Officer (If Involved)

In cases involving children, a Children and Family Court Advisory and Support Service (CAFCASS) officer may be present. Their role is to ensure the child’s best interests are considered, and they may have prepared a report for the court.

The Judge or Magistrates

• Judge – In more complex cases, a judge will oversee the proceedings, listen to both sides, and make a decision.

• Magistrates – In some family cases, a panel of three magistrates (trained volunteers) may hear your case instead of a judge. They will be assisted by a legal adviser who ensures correct legal procedures are followed.

During the Hearing: What Happens in Court?

Courtroom Etiquette

• Stand when the judge enters or leaves the room.

• Address the judge as "Your Honour" or "Sir/Madam" (depending on their title).

• Speak clearly and calmly.

• Avoid interrupting others while they are speaking.

Structure of the Hearing

1. Opening Statements

Your legal representative (or you, if self-representing) will present an overview of your case, summarising key points.

2. Evidence Presentation

This may involve:

●        Submitting documents, financial statements, or witness statements.

●        Witnesses being called to provide testimony.

●        Discussion of CAFCASS reports (if applicable).

3. Cross-Examination

If witnesses are involved, they may be questioned by both legal representatives. This is a crucial part of the hearing, as it allows the court to examine the reliability of the evidence presented.

4. The Child’s Voice

In cases involving children, the court may consider their wishes and feelings, often through a CAFCASS officer’s report rather than direct testimony.

5. Closing Statements

Each party summarises their case before the judge or magistrates make a decision.

After the Hearing: What Happens Next?

Judge’s Decision

• The judge may give their decision immediately.

• In some cases, they may "reserve judgment," meaning a decision will be provided later in writing.

Next Steps

• If the decision is final, your solicitor will explain any actions required (e.g., compliance with a court order).

• If further hearings are needed, you will be informed of the next steps and dates.

• If you disagree with the outcome, your solicitor can advise whether an appeal is possible.

Common Concerns and FAQs

1. Will I Have to Speak in Court?

If you have legal representation, they will speak on your behalf. However, if you are self-representing or giving evidence, you will need to address the court directly.

2. What if I Feel Overwhelmed?

Court proceedings can be emotional. Take deep breaths, stay composed, and seek support from your solicitor. Many courts also have support services available.

3. Can I Bring Someone for Support?

While family members or friends usually cannot sit in on private hearings, you may be able to bring a McKenzie Friend (a non-legal assistant) for emotional support.

4. What If the Other Party Doesn't Show Up?

If the other party fails to attend without a valid reason, the court may proceed in their absence or reschedule the hearing.

Support Throughout the Day

At RJS Family Law, we understand that attending court can be stressful, especially for first-time attendees. Our team ensures that you are fully prepared, guiding you through the process and standing by your side every step of the way. Whether you need legal representation or simply expert advice, we are here to help.

Contact us today to discuss your case and ensure you have the support you need for your family court hearing.

Final Thoughts

Understanding what to expect on the day of a family court hearing can significantly ease anxiety and help you feel prepared. By familiarising yourself with the process, court etiquette, and key individuals involved, you can approach the day with greater confidence. With the right support, you can navigate your hearing with clarity and focus on achieving the best possible outcome for you and your family.

Author: Millie Grundy

Millie is a newly qualified family solicitor who has recently joined the RJS team, where she heads up our new office located in Bridgnorth, Shropshire. Millie is dedicated to providing compassionate and effective legal support to clients navigating the complexities of family law.