What to expect at your first family court hearing

Your first family court hearing can feel intimidating, particularly if you have never been inside a courtroom before.

You may not know where to go, what you will be asked, who will be there or whether you are expected to give evidence.

There is no single format for every family court hearing. What happens depends on the type of case, the issues involved, the orders being sought and the directions already made.

However, understanding the general process can make the experience feel less unfamiliar.

Before the hearing

Your hearing notice or court order should tell you when and where the hearing is taking place and may contain other instructions.

Read any documents sent by the court carefully. Look for directions about documents you need to prepare, deadlines and whether you need to attend in person or remotely.

If you have received a court order, it is particularly important to understand what it requires.

Arriving at court

If you are attending in person, allow enough time to get through security and find the correct courtroom.

You may not go straight into the courtroom when you arrive. There can be waiting areas and you may have to wait until your case is called.

Court staff can generally help with practical questions such as where you need to wait.

You may see solicitors, barristers, Cafcass professionals, court staff and other people involved in different cases.

Who might be in the hearing?

That depends on the case.

In private children proceedings, you may see the other parent, their legal representative, a Cafcass Family Court Adviser and the judge or magistrates.

The Family Procedure Rules provide for parties to attend hearings unless the court directs otherwise, subject to the rules and directions applicable to the proceedings. (GOV.UK Justice)

Some hearings may also involve other professionals or people directed to attend.

What will happen in the courtroom?

The judge or magistrates will normally want to understand the current position and what needs to happen next.

At an early hearing, this may involve identifying the issues, considering safeguarding information, discussing possible agreement and deciding what further steps are needed.

You may be asked questions about your position.

If you do not understand a question, it is better to ask for clarification than to answer a different question because you were unsure what was being asked.

Will I have to give evidence?

Not necessarily.

The fact that you are attending court does not automatically mean that you will be giving evidence.

Different hearings have different purposes. Some are primarily concerned with case management — deciding what needs to happen next — while others involve evidence and disputed factual issues.

If the court needs you to give evidence or attend for a particular purpose, there may be directions explaining what is required.

Can I speak directly to the judge?

If you are representing yourself, you will normally speak for yourself when the court invites you to do so.

Try to address the judge or magistrates respectfully and explain your position clearly.

You do not need to use complicated legal language.

If the other party has a solicitor or barrister, they may use legal terminology that you are unfamiliar with. That does not mean you need to copy them.

What if I become upset?

Family court cases can involve extremely personal and difficult subjects.

It is understandable that people may become upset or overwhelmed.

If you need a short moment to collect yourself, you can explain this to the court. The court also has rules and guidance concerning participation and vulnerability, and may consider appropriate measures where required.

The precise arrangements depend on the circumstances.

What if the other person says something I disagree with?

You may hear things during a hearing that you believe are inaccurate.

That does not necessarily mean you should interrupt.

The judge or magistrates control the hearing and will usually give you an opportunity to respond when appropriate.

It can be useful to make a note of matters you want to address rather than trying to respond immediately to every sentence.

What happens at the end?

The court may make a decision, make an agreement into an order, give directions for the next stage or list another hearing.

You should pay attention to what the court says about what happens next.

A written order will normally record the formal directions or decisions. Read it carefully when it is available.

The next steps might include preparing further evidence, obtaining information from Cafcass, attending another hearing or complying with specific directions.

A hearing is not always the final decision

One of the most important things to understand is that a first hearing is often not a final hearing.

For example, in private children proceedings, the first hearing may be an FHDRA. Cafcass explains that where a case cannot be resolved at the first hearing and more information is needed, the case may continue and further work or reports may be required. (Cafcass)

The court's role at an early hearing is often to understand the case and decide how it should proceed.

Keep your focus on the hearing in front of you

It can be tempting to try to explain your entire history as soon as you get into court.

But the court may have limited time and may be dealing with a specific issue at that hearing.

A useful general principle is to understand what this particular hearing is for, what the court needs to decide now and what you have been asked to prepare.

You do not need to know every step of the family court process before attending your first hearing.

The process can feel unfamiliar, but the court will normally give directions about what needs to happen next. Your job as a litigant in person is to listen carefully, keep track of those directions and present relevant information as clearly as you can.