Stepping into a family law courtroom for the first time can be an intimidating experience. Understanding the process can help to alleviate the stress and uncertainty. Here is a step-by-step walkthrough if you have an upcoming Conference.
The parties are at court because they cannot agree on at least one issue, but at a Conference they discuss those issues with the judge to see if they can settle anything without the need of a trial. The judge needs to be informed about the position each party takes on each issue, so that she or he can best assist the parties at the court date. Before going to the court date, both parties will need to file any necessary documentation to inform the judge of what they want to happen on the court date. The documentation could include your briefs, financial documents, sworn affidavits and whatever else the court requires to best help you on that date. If you do not have the proper documentation filed, you may not be heard by the judge on your court date and walking it in on the day of court is rarely permitted.
On the day of court, arrive early to allow time for check-in and security protocols. Court staff will tell you where to go so that you may prepare for the appearance. Remain calm and be respectful, as the environment is extremely structured and formal.
When the judge enters, everyone in the courtroom will rise to show respect for the court. The judge will usually be sitting at the front of the courtroom. The parties will be seated at tables facing the judge. Behind the parties there is gallery seating for those observing, if permitted. In family matters, the pubic, including your friends and family, usually cannot enter the court, unlike in criminal matters, and normally require the permission of the judge to enter and remain in the courtroom. If you expect to call witnesses at the trial, you should not have them enter the courtroom during a Conference, as they may be excluded as a witness based on what they hear at the Conference.
Every judge is different and they all conduct their Conferences differently. The judge may ask how she or he can help you on that date and will either have questions for each party, want to hear from each party regarding their position, or both. If you do not have a lawyer, expect to talk directly to the judge, but you will not be put under oath to tell the truth, as this is not your trial. If you have a lawyer, expect to not talk at the Conference at all and to instead “speak” through your lawyer. The judge will provide an opinion on each issue, time permitting, with the hope of that opinion leading the parties to settle or at least moving them closer to settlement. However, there is no obligation to settle anything at the Conference and the judge can only make limited orders on that date.
Throughout the courtroom process, patience and clear communication are essential. Preparation, respect, and clear documentation are great things to consider in your family law proceedings.
Are you looking for legal representation to help navigate the complexities of a family law courtroom? INB Family Law LLP has a team of seasoned professionals ready and eager to support and help you. Book a consultation today.