Head of Family Law Victoria Gethin provides guidance on attending family court proceedings in the UK - Victoria talks about how you should prepare for a hearing, the different types of hearing the court handle and general guidance on court etiquette.
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Attending court in family proceedings can be an extremely stressful and daunting time. In order to assist with this, try to remember that the judge or the magistrates are there to help the parties achieve a fair outcome and a just outcome and also to ensure that the parties are all on an equal footing. Try to keep in mind the court's objectives when presenting and preparing your case for court. In children cases, try to focus on what's in the children's best interest rather than focus on what you perceive to be your own rights or your own wishes.
The court doesn't want to hear grievances between former partners, or former spouses no matter how upsetting they may be for you, unless they are relevant to the issues involved. If you do need support in relation to this, try to find an alternative source of support rather than using the court proceedings to vent your own frustrations or hurt.
What preparations should be made for the day?
If you've issued an application at court, or are the respondent to an application, then you will receive a document known as a notice of hearing. That document will set out the time, the date and the venue of the hearing. It will usually ask you to be at court at least half an hour beforehand and it's important that you attend on time. Try to find out the court's location and work out how you're going to get there in advance to ensure that you arrive in good time, which should help to manage your stress levels. It's not necessary to wear a suit, but ensure to dress smartly and conservatively when attending court.
What types of hearings are there?
There are some headings which focus on trying to narrow the issues and also help the party to reach agreement. If an agreement can't be reached, then the court may make directions for the filing of documents including witness statements and other evidence. If there are allegations, for example, disputed allegations of domestic abuse and these are relevant to the issues involved, then the court's likely to list what's known as a finding of fact hearing in order to determine the truth of those allegations.
Who will hear my case and how should I address them?
There're number of different levels of magistrates and judges and they're all addressed in different ways, some of which may seem a little old fashion or unusual. Try not to worry too much about this. If we represent you, we will deal with that and address the judges or magistrates appropriately. The notice of hearing will set how who the case is to be heard by. In the magistrate's court, the court will usually comprise of three magistrates, sometimes known as justices of the peace and they will also be assisted by a legal adviser. Magistrates should we referred to as your worships. As they enter court you should stand and remain standing until they sit down. You can then remain seated for the remainder of the case until they leave court when you should stand again.
The same happens in cases listed before a district judge and a district judge should have been referred to a sir or madam. In terms of seniority, the next judge is a circuit judge and on the notice of proceedings that you will receive, they will be referred to as his or her honour followed by the judge's surname. And you should refer to circuit judges as your honour in court. Again, you should stand when they enter court and you should also stand when you're addressing the judge.
The next judge in terms of seniority is a high court judge, and they will be referred to on the notice of hearing as the honourable Mr or Mrs justice, and then their surname. And in court, they should be referred to as my lord or my lady. Judges don't wear formal attire as you may expect, such as robes or a wig. And this is an effort to make family proceedings less intimidating and a more informal environment for all involved.
At Stephensons we have a team of family specialists with a wealth of experience and who are able to offer you support, advice and representation in court in order to reassure you and also in order to achieve the best outcome for you.
