Attending Family Court can be a daunting and emotionally charged experience. Whether you’re dealing with parenting arrangements, property settlements, or matters involving family violence, understanding the ‘dos’ and ‘don’ts’ of attending Court can greatly assist in calming your nerves and helping you prepare for the matter.
DO: Be Prepared
Proper preparation can significantly impact how your matter is perceived by the Court.
- Read all court documents thoroughly: Know your case inside and out. Courts expect parties to be familiar with their own evidence and that of the other side.
- Seek legal advice: Even if you’re self-represented, it’s wise to seek at least some legal guidance, particularly about court procedures and your legal rights.
DON’T: Miss Court Dates or Be Late
Timeliness reflects respect for the judicial process.
Even if you have a solicitor, if you are required to be in attendance for a court mention, or when your matter is listed for Hearing, you must ensure that you are on time.
- Missing a court date without valid reason may result in adverse findings or delay in resolution.
- Arriving late can cause unnecessary stress and may disadvantage your case if proceedings begin without you.
DO: Dress and Behave Appropriately
Family Court proceedings are formal. Your conduct and appearance should reflect the seriousness of the occasion.
- Dress conservatively and professionally, as if attending a job interview.
- Address the judicial officer respectfully: If you are self-represented, or if the Judge or Registrar addresses you directly, use “Your Honour” when speaking to a judge or “Registrar” for a judicial registrar.
- Turn off mobile phones and do not eat or drink anything other than water while in the court room.
DON’T: Interrupt or Argue During Proceedings
Even if you disagree with what’s being said, interrupting or reacting emotionally can harm your credibility.
- Let your legal representative speak on your behalf where possible.
- If self-represented, wait for your turn to speak and always direct comments to the court, not to the opposing party.
DO: Focus on the Best Interests of the Child
In parenting matters, the best interests of the child is the paramount consideration under section 60CA of the Family Law Act 1975.
- Avoid inflammatory accusations that lack evidence.
- Demonstrate a willingness to foster the child’s relationship with the other parent, unless there are valid concerns for safety.
DON’T: Breach Court Orders
Whether interim or final, court orders must be strictly complied with unless varied by the court.
- Ignoring or breaching orders, including parenting orders or directions for disclosure, can lead to serious consequences, including contravention proceedings under Part VII Division 13A of the Family Law Act.
- If circumstances change and you can no longer comply, seek legal advice immediately and consider applying for a variation.
DO: Remain Calm and Objective
Family disputes can be emotional, but the Court makes decisions based on facts and legal principles, not emotions.
- Practice clear and concise communication.
- If you are representing yourself, refrain from inflammatory language in affidavits or oral submissions.
DON’T: Use the Court Process to Punish
The Court discourages litigation that is vexatious, retaliatory, or designed to harass the other party.
- Abuse of process can result in cost orders or the dismissal of your application.
- The Family Court has powers to manage litigation conduct and ensure proceedings are used to resolve—not escalate—disputes.
Final Thoughts
While every matter is unique, adhering to these general dos and don’ts can help you present your case respectfully and effectively before the Family Court. Whether represented or self-represented, always aim to approach your matter with preparation, dignity, and a clear focus on resolution—especially where children are concerned.
For legal advice tailored to your situation, get in touch with us here today and speak to one of our experienced Family Law Solicitors.