Family Court Hearings Explained
Understand every type of family court hearing, what to expect on the day, how to speak in court, and how judges make decisions.
Types of Family Court Hearings
Most private law cases involve several hearings before a final order is made. Understanding what each hearing is for will help you prepare appropriately for each stage.
First Hearing Dispute Resolution Appointment
The first hearing in most private law applications. The purpose is to identify the issues, consider if the case can be resolved by agreement, and give directions for next steps. Usually lasts 30–60 minutes.
Preparation tip: Attend prepared with a short position statement. Be open to negotiation — judges want parties to agree where possible.
Dispute Resolution Appointment / Issues Resolution Hearing
Held after evidence has been filed. The judge will narrow the issues and explore whether agreement is now possible. If not, the case will be listed for a final hearing.
Preparation tip: Have your evidence and position statement filed on time. Know what you are willing to agree to and what remains in dispute.
Fact-Finding Hearing
Where there are allegations of domestic abuse or other serious matters, the court may hold a separate hearing to determine what happened before deciding the welfare issues.
Preparation tip: This is a formal court hearing where evidence is heard and witnesses can be cross-examined. Professional support is strongly recommended.
Final Hearing
The most important hearing. Both parties present their evidence and make submissions. The judge makes a final order. Can last from half a day to several days.
Preparation tip: Prepare thoroughly. File your trial bundle on time. Have your cross-examination questions ready. Know the law that applies to your case.
What to Expect on the Day
Arrive early
Arrive at court at least 30 minutes before your hearing time. Allow time for security checks and to find the correct waiting area.
Check in at the counter
Let court staff know you have arrived. You will be directed to the waiting area. The other party will also be in or near the building.
Negotiation outside court
There is often time before the hearing is called for negotiation between parties. Your McKenzie Friend can assist you during this time.
Called into court
When your case is called, you enter the courtroom. Stand when the judge enters and leave. Remain respectful at all times.
The hearing
The judge will run the hearing. They will address both parties. Listen carefully and speak clearly when it is your turn.
The order
The judge will either make an order at the end of the hearing or reserve their decision. A written order will follow shortly after.
How to Speak in Family Court
Address the judge correctly
Call District and Circuit Judges 'Your Honour'. Magistrates are addressed as 'Sir' or 'Ma'am'.
Stand when speaking (unless told otherwise)
When making submissions or answering questions, stand. Remain seated during normal exchanges.
Speak clearly and slowly
Judges take notes. Speak at a pace that allows them to write. Pause between points.
Stick to what is relevant
Judges have limited time. Focus on the key issues and the specific points you need the court to consider.
Do not interrupt
Wait for the other party or their advocate to finish before speaking. Do not argue with the judge.
Refer to documents
If you want the judge to look at something, give the page or bundle reference: 'Your Honour, if you look at page 47 of the bundle...'.
How Judges Make Decisions on Child Arrangements
Family court judges apply the welfare principle: the child's welfare is the paramount consideration. They assess welfare using the statutory checklist in Section 1(3) of the Children Act 1989:
The ascertainable wishes and feelings of the child (considered in light of their age and understanding)
The child's physical, emotional and educational needs
The likely effect on the child of any change in their circumstances
The child's age, sex, background and any relevant characteristics
Any harm which the child has suffered or is at risk of suffering
How capable each parent (and other relevant persons) is of meeting the child's needs
The range of powers available to the court under the Children Act 1989
Important Disclaimer
This guide provides general educational information only and does not constitute legal advice. For guidance specific to your case, consult a qualified McKenzie Friend or legal professional.
