Cameron Miranda
Family law hearings are used to resolve disputes between individuals who are unable to agree on how finances should be divided or children should be brought up. Hearings can be used to determine the outcome of reports, assessments, and other factors. Attendance at court hearings is not required, but it is strongly encouraged so that each party has an opportunity to present their case. A judicial officer may order the parties and their children to attend upon a Court Child Expert or Regulation 7 Family Consultant for the preparation of a family consultant’s report.
| Characteristics | Values |
|---|---|
| Can a child attend a family law hearing? | Yes, a child can be ordered to attend a family law hearing |
| Is attendance required? | No, but it is strongly encouraged so that each party has an opportunity to present their case |
| What type of hearing is required? | This depends on the case and the order. Hearings can vary in format and required paperwork |
What You'll Learn
Child arrangements
Hearings can take many forms and require different types of paperwork. Some hearings require evidence to be submitted, while others are concerned with the outcome of reports, assessments, and other factors. For example, a Child Impact Report, Specific Issues Report, Addendum Report, or a Family Report.
A judicial officer may order the parties and their children to attend upon a Court Child Expert or Regulation 7 Family Consultant for the preparation of a family consultant’s report. This report can help the court identify issues between the parties and determine whether an agreement can be reached.
Attendance at court hearings is not required, but it is strongly encouraged so that each party has an opportunity to present their case. Even if a party is not present, the hearing can still proceed. Seeking the consent of all other parties to the case regarding any proposed adjournment is recommended as it can strengthen the application.
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Child Impact Reports
A Child Impact Report is a comprehensive document that is prepared to determine the impact of family disputes and custody battles on a child. It is a child-focused preliminary assessment report that is ordered by a registrar or judge. The report is usually ordered at a relatively early stage of Family Court proceedings and provides information about the experiences and needs of the child. It considers a range of issues, including the child's development and developmental needs, their relationships with each parent and other family members, and risk. The goal of this kind of report is for the Court to get a sense of how the divorce, separation and related issues are affecting the children. The report will guide the Court in the decisions they make around those issues that directly affect the children (e.g. custody, visitation, etc). The Child Impact Report is typically prepared by an independent family consultant or a court-appointed child expert.
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Dispute resolution
If dispute resolution is unsuccessful or there are still outstanding issues in dispute, the case will be listed for a Compliance and Readiness Hearing conducted in most cases by a Judge. The purpose of this hearing is to ensure the parties have complied with all court orders and directions and are ready to proceed to a final hearing.
Attendance at court hearings is not required, but it is strongly encouraged so that each party has an opportunity to present their case. Even if you are not present in court, the family court can proceed with the hearing.
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Mediation
Attendance at court hearings is not required, but it is strongly encouraged so that each party has an opportunity to present their case. A judicial officer may order the parties and their children to attend upon a Court Child Expert or Regulation 7 Family Consultant for the preparation of a family consultant’s report. There are a number of different reports that may be ordered, including a Child Impact Report, Specific Issues Report, Addendum Report or a Family Report.
Evidence submission
It is important to note that the type of hearing will determine the specific evidence requirements. For example, finance hearings may have different evidence requirements compared to child hearings. Therefore, it is essential to understand the purpose and scope of the hearing before submitting evidence.
In some cases, alternative forms of dispute resolution, such as mediation, may be used instead of a court hearing. This approach has become increasingly common in recent years, especially in financial disputes following a divorce. However, if a court hearing is necessary, evidence submission will play a crucial role in presenting your case to the judge.
When submitting evidence, it is important to ensure that it is relevant, reliable, and presented in a clear and organised manner. This may include documents, reports, assessments, or other forms of evidence that support your position. It is also essential to be aware of any deadlines or requirements specified by the court for evidence submission. By following these guidelines, you can effectively present your case and increase the likelihood of a favourable outcome.
Frequently asked questions
Yes, a judicial officer may order the parties and their children to attend upon a Court Child Expert or Regulation 7 Family Consultant for the preparation of a family consultant’s report.
The Family Courts in England make decisions primarily about children and finances.
The first court hearing after a private family law application has been submitted is called a First Hearing and Dispute Resolution Appointment (FHDRA). This is held to assist the court in identifying issues between the parties at an early stage and determining whether the parties are capable of reaching an agreement.
Attendance at court hearings is not required, but it is strongly encouraged so that each party has an opportunity to present their case.
Even if you are not present in court, the family court can proceed with the hearing. It is recommended that you seek the consent of all other parties to the case regarding the proposed adjournment, as this will strengthen the application.
