What Happens at Court

Introduction

Attending court for the first time can be nerve-wracking for fathers involved in family law matters. Understanding what happens during different types of court hearings helps reduce anxiety and ensures you're properly prepared. This guide explains the various court procedures you may encounter.

Types of Court Hearings

Before You Arrive at Court

Preparation Checklist

• Review all court documents and orders
• Prepare any required documents or evidence
• Confirm court location and courtroom number
• Plan to arrive 30 minutes early
• Arrange childcare if needed
• Inform work about court attendance

What to Bring

• All court documents and orders
• Photo identification
• Pen and notepad
• Any required evidence or exhibits
• Contact details for your lawyer (if represented)
• Mobile phone (turned off in court)

What to Wear

• Business attire (suit or dress shirt and trousers)
• Conservative colors (navy, black, grey)
• Closed-toe shoes
• Minimal jewelry
• Well-groomed appearance

Arriving at Court

Court Security

• Pass through security screening
• Remove metal objects and electronics
• Show identification if requested
• Follow security officer instructions

Finding Your Courtroom

• Check court lists displayed in foyer
• Ask registry staff for assistance
• Locate your courtroom number
• Note the judge's name
• Check if there are any delays

Before Your Hearing

• Wait outside the courtroom
• Speak with your lawyer if represented
• Review your notes and documents
• Stay calm and focused
• Avoid discussing your case with others

Inside the Courtroom

Courtroom Layout

• Judge's bench: Elevated desk where judge sits
• Bar table: Where lawyers sit
• Witness box: Where witnesses give evidence
• Public gallery: Seating for observers
• Court officer's desk: Near the judge

Court Etiquette

• Stand when the judge enters and leaves
• Bow slightly when judge enters
• Address judge as "Your Honour"
• Stand when speaking to the judge
• Speak clearly and respectfully
• Don't interrupt others
• Turn off all electronic devices

During Different Types of Hearings

Directions Hearing

• Judge calls your case number
• Parties identify themselves
• Judge reviews case status
• Orders made for next steps
• Next court date set

Interim Hearing

• Applicant presents their case first
• Respondent presents their response
• Judge may ask questions
• Brief legal arguments
• Judge makes interim orders

Trial

• Opening submissions by both parties
• Applicant calls their witnesses
• Cross-examination of witnesses
• Respondent calls their witnesses
• Closing submissions
• Judge reserves decision or gives judgment

Giving Evidence

Taking the Oath or Affirmation

• Court officer will ask you to swear or affirm
• Choose oath (religious) or affirmation (secular)
• Repeat the words clearly
• This makes your evidence legally binding

Answering Questions

• Listen carefully to each question
• Answer only what is asked
• Speak clearly and at normal pace
• Look at the judge when answering
• Ask for clarification if confused

Cross-Examination

• Other party's lawyer will question you
• Questions may be challenging
• Stay calm and truthful
• Don't argue with the lawyer
• Your lawyer may object to improper questions

Common Courtroom Scenarios

If You're Self-Represented

• Sit at the bar table when your case is called
• Stand when addressing the judge
• Present your case clearly and concisely
• Follow court procedures as best you can
• Ask for guidance if unsure

If You Have a Lawyer

• Sit behind your lawyer
• Let your lawyer speak for you
• Pass notes if you need to communicate
• Only speak when invited by judge
• Follow your lawyer's guidance

If the Other Party Doesn't Appear

• Court may proceed in their absence
• Judge may make orders without hearing from them
• You still need to prove your case
• Orders can be set aside if good reason for absence

After the Hearing

Understanding Orders Made

• Listen carefully to orders made
• Ask for clarification if unclear
• Note important dates and deadlines
• Obtain written copy of orders
• Understand your obligations

Next Steps

• Comply with any orders made
• Prepare for next court date if scheduled
• File any required documents by deadlines
• Consider settlement opportunities
• Seek legal advice if needed

Managing Stress and Emotions

Before Court

• Get adequate sleep the night before
• Eat a proper breakfast
• Arrive early to reduce rushing
• Practice deep breathing exercises
• Remind yourself this is temporary

During Court

• Focus on the facts of your case
• Don't take things personally
• Stay professional at all times
• Take notes to stay focused
• Remember the judge is neutral

After Court

• Debrief with your lawyer if represented
• Plan your next steps
• Seek support from family or friends
• Consider counseling if needed
• Focus on moving forward