If you’re in family proceedings for whatever reason then it can make a huge difference to know what not to say and what to say in the family court.
The huge volume of cases that pass through the courts mean that judges hearing family cases have a lot to consider and there is often insufficient time to deal with any case as the parties might want. The presentation of the case in the time you might have before the judge can therefore make a huge difference to the outcome.
Knowing what to say, how to say it and often whether to talk at all can make the difference between having the court on your side or swimming against the tide.
A good family lawyer will recognise the strengths and weaknesses of their client’s case and have an acute awareness of when the court is on their side. They can appear in court every day and so develop a knowledge of the judges and the approach that is likely to find favour with each of them.
It is unreasonable to expect a litigant in person in court proceedings to have anywhere near that level of knowledge. In the vast majority of cases, their time before the family court will be the first occasion they have appeared before any court. Through no fault of their own, they are not expected to have a full grasp of how to present cases and the underlying practice directions that have to be followed in their preparation and delivery.
Common missteps include:
- Being disrespectful to the judge.
- Relying on arguments that are going to be irrelevant.
- Being too pointed and critical of the other party.
- Hindering rather than helping the court to find a solution.
This last point is key. Court proceedings in the family division are solution focused. The courts seek to mitigate rather than proliferate issues between husbands, wives and ex-partners. If you go into court expecting to run an overly aggressive and hostile case it’s unlikely to find a favour with the judge or get the outcome you are looking for.
If you are engaged in court proceedings and acting in person, the best way to find the right mindset and approach going into a hearing would be to have an initial consultation with a specialist family lawyer when you can ask about what to expect, how to run your case and the approach to take that is most likely to bring about the outcome you want.
This approach can help in both financial and children proceedings, proceedings under the family law act, international cases and practically every type of family case that appears before the court. It is much better to go into a case fully armed and conversant with the points that will make a difference.
For many people, cases before the family court are the most important and life changing. Going into those cases with the best understanding and the best team on your side will give you the best possible chance of succeeding and putting that case to bed forever.
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