What Happens at Family Court?

Ask a Question
What Happens at Family Court?

The Family Court is essentially a specialist court in which family matters are decided. These range from adoption, contact with and residence of children and the taking of children into care. Although it is still a court environment, it is less formal than other types of courts. Barristers are not in wigs and gowns, and the whole hearing may be conducted around a large table – rather like a company meeting. In other cases, the courtroom might look more like a traditional court.

Before attending your family court hearing, it's important to ensure you have completed all the necessary paperwork using our free Court Form Finder.

That said, it is always wise to be respectful to everyone you meet and to behave in a dignified fashion – regardless of how churned up you might feel inside. Those that remain calm are always seen more favourably by the courts than people who shout, are rude, or cause disruption to proceedings.

When to Get There

You should ensure you arrive at court in good time. If the court is sitting at 10.30am, you should aim to be there by 9.45am or earlier if your solicitor advises you to. When you arrive at court, don’t be surprised if there are a number of other people there, too. The court often operates in ‘lists’, which means that cases get called on in a specific order, or are called on as and when they are ‘ready’ to go on. This means that you may have a long wait until your case is called on, so take something to read.

You should make yourself known to the ‘usher’, who is usually a person wearing a black robe and holding a clipboard. If you have a solicitor, or if you’re being represented by a barrister (read our article Does Having a Good Lawyer Help? on this site), the usher should also be able to tell you if they have arrived yet and where they are.

Court Form Finder

Court Form Finder

Find out exactly which court forms you need for your situation. Takes 30 seconds.

Try our Court Form Finder free, here on this site →

What Happens in Court

It is very unlikely that your case will be dealt with at the first hearing. You are likely to have to go back to the Family Court on two or more occasions. At the first hearing, the court may make directions as to the filing of statements of case, or evidence, and give deadlines for when these things need to be filed. All family court proceedings are currently held in private, and will not be publicly reported – although there are changes on the way that will allow accredited journalists to be present in court hearings and report on them. It is not possible, in these circumstances, for the media to name the parties or anyone involved in the case.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Hearings

When your hearing is effective, the applicant – i.e. the person who is making the application – will speak first. If you are represented by a solicitor, they will do this on your behalf. This opening statement basically sets out what your application is and why you are making it. Then the other side will be invited to reply and to explain why they oppose the application. The judges or magistrates will ask questions of either party to clarify certain matters, if appropriate. You may be called to give evidence, which means that you will talk about any statement you have made under oath. The other side’s lawyer will ask you questions, and the judge or magistrates may also ask you questions as well.

Attendance and Bringing Friends For Support

You should always attend Family Court hearings unless you have specifically been excused from doing so, e.g. if it is simply a directions hearing that both solicitors need to attend. You can always take a Friend or relative along with you to help you, but you must obtain the permission of the court to do this. It is worth remembering, however, that if the friend or relative that you bring to court is also a witness in your case, they will not be able to sit in on the proceedings until after they have given evidence.

The Next Step

Court Form Finder

Now that you have read through the advice above, you might want to put it into practice. Our Court Form Finder lets you find out exactly which court forms you need for your situation. Takes 30 seconds. Try it now →

Ask Separated Dads a Question
Desire 05/06/2022 at 1:59 pm
I have a final hearing at the family court in October, I have had a positive report from Cafcass saying the children should reside with me as I’ve been the main parent nearly 7 years. Even the school and health visitors have given a good report on me regarding as a parent, but I ex is trying to say my brother is a danger to my children l? I do not leave with my brother and my ex has raised the issue of my mental health as I was going through depression two years ago but I doNt have it anymore and they looked at my medical report also and seen I’ve not had depression since 2019 and my cleaning obsession has decreased over the last two years since I moved away from my ex who was mentally abusing me for months do you think I have a strong case ?
Maggie 17/03/2021 at 9:03 pm
If there's been a no-contact order. What age does the child have to be so nothing can be done against me? Thanks a bunch.
Bunny 05/08/2020 at 6:26 pm
my ex partner is currently serving a 9 year prison sentence for DV. We are going to the family court for custody next week.

Will he be in the same room as me or will he be in a custody box?
C.laurie 28/05/2020 at 2:22 am
@bill337.it will be only (extreme )if they turn up at my (funeral or ever come near me)I have let or go I just don’t want (dogs)near me or at my funeral .if you new the circumstances you would totally agree.they did the (unspeakable )never to be (forgiven )I am no child anymore and will never surround myself with (dogs)as a men .
bill337 27/05/2020 at 10:44 pm
@c.laurie, that is very extreme. its unhealthy to be that bitter and have so much hatred. try to let it go.
C.laurie 23/05/2020 at 10:32 pm
And I have also stated that( gordon watson, penny watson and none of the johnsons big Tyson bree laurie sam bournes are not welcome at my funeral).and will have people on the (door) if they show up and I told them to (fight) if they show up I made them (promise) because I am a f ing( laurie) we will fight at your wedding funeral or anywhere .And they would do me proud if they fought at my funeral if those bastards so up .to have those bastards at my funeral would be a insult to my character.
C.laurie 23/05/2020 at 9:57 pm
I won’t be going to court for rights ,the child in question is 16 now .i got everything of my (chest )what I wanted to say .now i realise I will pass before ever seeing the child that’s gods truth .now if her (stupid mother) reads this they are (not f ing welcome at my funeral and same for her daughter )she is 16 and She made her choice she picked her (mother and step father so f her two) .and if they do show up my brothers will kick them out that’s (gods truth ).i have stated to my family they are not welcome .(and while I am still alive they best keep they distance ).
bill337 23/05/2020 at 12:10 pm
@Worldsbestaunt - usually a court will change residency of kids for serious reasons. for example if the resident parent has been neglecting child, like hardly taking him/her to school. child is at physical risk of harm/abuse etc. how old is the child?
bill337 23/05/2020 at 12:05 pm
@Dee. have you spoken to Cafcass officer during court hearings? has a section 7 report been done? if I were you I would hire a barrister for your hearing, and challenge this silly idea of only sending cards and gifts to child.
bill337 23/05/2020 at 12:03 pm
@Hayley - your ex is being silly and unreasonable. I have court order and I have to return kids at 5pm. I would like it to be later, like 7pm, but ex not interested. there is a chance this may be settled at the first court hearing, if both of you agree. if you don't agree, then it will go to round 2 and possible 3! generally the court process can last about 4-6 months.
Dee 11/05/2020 at 8:02 pm
Can some one help me, I was seeing my kids every other week and then the mother stoped it for no reason, I had my interim hearing and the court made a order were I can only send them letter and gift, I wasn’t happy about it just because the mum said the kids don’t want any contact which was false now I’ve got a another hearing in 5 week which is long,
Does any body know what will happen in the next hearing as I want to see my kids??
Chris1983 24/04/2020 at 12:17 pm
Hi all,

Could you please tell me how to register on the forum. I tried twice but haven't received confirmation email.

Any idea how to resolve that?
Hayley 23/04/2020 at 12:46 pm
My partner has recently decided he wants to take me to court as he doesn't agree with the time which he bringing the children back, I work shifts. I have never stopped his contact he was having an affair and currently lives with the woman the only thing I have asked is that he doesn't introduce the kids until it is a serious relationship of 6 months or more is this to much ask? The return time of the children is 19:30 he keeps just turning up as and when he pleases. Has anyone else been in this situation? My kids are only 3 and 8 months old and I'm worried about how long this process will take because my 8 months old by the end won't know who he is? Can anyone give me any advice. Thanks
Pawan 17/03/2020 at 3:26 pm
My wi submitted pitition in family court under sectio ?? a after month I find some paper which is written by hir own hand writting and so many squasing found in pitition
Hinge 24/01/2020 at 11:22 pm
Violence, squashed nose, all cartlidge replaced. 3 big
ops. Damaged hip, ?
I wasn't allowed,,my opinion on
I was thinking keep our home . He had loadsa affairs for over twenty years. I wasn't allowed money.7 weeks beore he left he coerced me into signing to take out
Equity to,pay of the mortgage. All planned. He left to move in with a widow . House paid o
Off. He is £600.00 better off a month, it's taken 70 grand away from the settlement.
All coerced and planed. X




Pq
one who knows 05/09/2019 at 8:42 am
What happens? Well, if you're a father, the court and cafcass enable your ex to legally kidnap your children.

I've seen my son a week in the last year, my daughter two days in the last two months. No criminal record, no abuse, no violence. I've endured over ten years of hearings. I've got evidence of corrupt judges, evidence of unlicenced social workers who lie on oath as a matter of course. They'll give you an order that means nothing, that they themselves admit they won't enforce. It is a huge money and misery-go-round.

They will ruin your life and they will damage your children. If you haven't started yet, walk away before they drive you to suicide.
Charlie 24/08/2019 at 11:39 pm
I neex some advice on how to start off a final statement. I'm fighting for my granddaughter through courts as the LA want her up for adoption, I have failed my iva. But I have been given party status for this case & not to sure what I'm supposed to be putting in final statement. Thank you
Worldsbestaunt 15/04/2019 at 8:19 pm
Wondering if someone can give me some advice on the behalf of my brother who is the father to two children. My brother and his baby mother are in a dispute regarding residency of the children. My brother tried to go to mediation but she failed to turn up and proceeded with court. As far is I’m aware mediation is mandatory by law unless there are special circumstances for example abuse, but there was none of that in the relationship. Before the dispute my brother had his children from Friday afternoon untill Monday evening and then during the day either wed/thurs. On the evening the children were supposed to go back to their mothers there was a dispute. She told my brother that he would never see his children again so on that date he chose to keep them. The dispute happened In March and since she hasn’t contacted to see her children nor ask about them to this date. My brother would like residency of the children as she admits to struggling and not being able to give both children attention and he feels like he is the more nurturing one of both parents. My brother has proof that she she has stated this and also has proof that he hasn’t refused access. The court date is coming up soon and I think my brother could do with some advice from someone who’s been in a similar situation. Am I correct in thinking that the dispute may not be resolved that same day and that unless social services feel that the children aren’t safe (which they don’t), the cannot remove the children from my brothers care?
Doe 17/03/2019 at 5:03 pm
@john.the mother off my child was having affairs they come out and told me (.i new all a long ).its put me in a (difficult situation )when I was younger I was a fighter or thought I was .now I try and stay (out off trouble ).when I made contact with the mother to try and sort out meeting my daughter it didn’t go to (plan) .now only path left is court but she is (14 )and I was advised bye a legal representative in a meeting that it’s a bit late .so it’s difficult the mother wants to (play hard ball) so I am walking away .
John 17/03/2019 at 2:16 pm
My ex through me out of our home as she had an affair and wanted him. I moved out but I before was father and my mother to my boy. I moved back to parents where our son at 18 lived with us for 2 years 4 to 5 times a week. Moving on. I saw him every weekend till he was 5. She was very vindictive and constantly had boyfriends living with her. I had my son every holiday every weekend my days off holidays ect. 6 was ago she called me screaming down phone she didn’t want him. His bags were packed come get him which I recorded. So few days of my son so upset she filed in court I stole him. I have a lawyer been to court as defendants twice but with know one listening to my truthful side. I have now only got my son once a month till judge says I won’t keep him and to build up trust. She gave me him told lies and my boy who is a daddy’s boy is suffering. Why the courts not listening to me ????
Show All 232 Questions

Ask Separated Dads a question

Ask our editorial team a question and we will reply with our advice. Tell us as much about your situation as you can: the more detail you give, the more useful our answer can be.

You do not need to use your real name. Please do not include your full address, phone number, email address, or the names of other people. We may edit or remove identifying details for privacy and legal reasons.

Comments are moderated before publication.

Try our free Court Form Finder Find Your Forms for Free