What Happens If I Don't Attend Family Court?
July 2023
Family court hearings can be stressful whether the court hearing is to decide on the residence and contact arrangements for your child or a financial settlement. It can be tempting to ignore solicitor letters and court paperwork or to not attend a family court hearing.
In this article, our family law solicitors look at the potential implications of not attending a family court hearing in the UK.
Initial Discussion
This summary provides general information and does not constitute legal advice on any individual circumstances.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
Family Court Hearings
Family court hearings to determine an application for a child arrangements order or a financial settlement are often scheduled many months in advance because of limited court time and judge availability. Therefore, if you do not attend a court hearing it could be many months before you get another date, or in some situations, the court may make cost orders against you (to reflect the costs wasted by you not going to the court hearing) or even proceed in your absence and make an interim or final court order.
Unable to Attend a Family Court Hearing
If you know that you cannot attend a family court hearing it is vital to let your family law solicitor know straight away. Your spouse or former partner or the court may agree to an adjournment if there is a good reason why you cannot attend, such as serious ill health. Booking a holiday after a court date has been set or a recently scheduled important work meeting will not normally result in an adjournment of the hearing date.
Outcomes if you do not Attend a Family Court Hearing
If you do not go to a family court hearing the case is unlikely to just go away. There are a variety of potential outcomes depending on whether you are the applicant or respondent in the proceedings. These include:
- Adjournment and a new court date
- Cost order so you have to pay the costs of your ex-partner’s lawyers in preparing for the hearing and their attendance at court
- Dismiss your application – if you applied for the order and do not attend a hearing without a good reason, then the judge could dismiss your application meaning that if you want the court to consider your case then you will have to start again and make a fresh application
- Adverse inferences made by the judge at the final hearing because you failed to engage in the court process or attend the hearing
- Interim order made in your absence
- Final order made in your absence – you will struggle to set the order aside if the court is satisfied that you knew about the court hearing and deliberately did not attend
You Do Not Want to Attend a Family Court Hearing
There can be many reasons why you do not want to attend a family court hearing. For example:
- Feeling intimidated – if you experienced domestic violence in your relationship and you are worried about being in court with your abuser, talk to your family lawyer or court staff. Various steps can be taken to reassure you and ensure you are safe
- Worried about the outcome – you may fear the worst and dread the outcome of the hearing. Talk to your family lawyer about how you are feeling as they may suggest further negotiations, as it is not unusual for a couple to be able to reach a compromise shortly before a final hearing. Do not reach a compromise directly with your ex without first talking to your family solicitor, as they will not want you to be pressurised into reaching an agreement that is not in your best interests
- Feeling stressed – if you are feeling stressed about a court hearing, then you may benefit from speaking to a counsellor or your family and friends about how you are feeling. If you are stressed because you do not understand what will be expected of you in court, then speak to your family lawyer
At Fullers Family Law our team of specialist family lawyers will support and guide you through the court process, including attending interim and final hearings, giving you the confidence needed to attend court.
How Can Fullers Help?
We understand that finding a solicitor that you feel understands your own specific situation can be a daunting task. So, you can book a free call back with us here.
We have also created a series of fixed-price consultation meetings with a full ‘no questions asked’ money-back guarantee promise.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134, filling in the contact form below, or emailing us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
