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If you choose to take part in a hearing without a lawyer, you’ll have to present your evidence and question other witnesses. There are strict rules about evidence and how you may question people in court. If you’re representing yourself, you should read the Family Courts Rules. You may also want to look at the law (legislation) that covers your case, including the Evidence Act 2006.
The person who has asked the court to settle the dispute (the applicant) will present their case first. Then the other people involved in the case (the respondent) will have their turn.
When asked by the judge, you should begin by introducing yourself and your support person if you have one.
You’ll then need to outline the main points of your case, what you want, and why. It is important for you to remember that anything you say must be in the evidence (the affidavit) which you give to the court well before the day of the hearing.
You’re not allowed to interrupt if you disagree with something that’s said. You should write yourself a note, so you remember to raise the issue with the judge when you’re given a chance to speak.
You can have witnesses appear to help you with your case. A witness is a person who comes to court to talk about what they have seen or heard. They also provide their evidence in an affidavit to the court before the hearing. You may be a witness in your own case, if you need to give evidence.
All witnesses must swear or affirm they'll tell the truth. They'll do this by giving an oath or affirmation. You can then ask questions about their evidence that supports your case. Once the witness has answered your questions, they will then be cross-examined by the other party. You’re considered to be a witness in your own case, this means the other party or their lawyer may decide to cross-examine you.
You’ll have the right to cross-examine the other witnesses and other party, if you have told the other party that you want to question them. You should focus your cross-examination on the evidence which you seriously disagree with.
The Lawyer for Child or the judge will sometimes call witnesses. For example, if the judge has appointed a specialist report writer.
At the end of the court hearing you’ll be given a chance to summarise your case. Remember to only talk about things that you have provided in your evidence.
The judge will make a decision once they have listened to and read all the evidence. The judge will tell everyone in the courtroom what their decision is at the end of the hearing.
Sometimes the judge may need time to think about everything they have heard before deciding. If that happens, the Family Court will contact you when the judge has made a decision. How long that will take depends on the judge, but most decisions will be given within three months after the hearing.
Going to Family Court can be hard. It's normal to feel overwhelmed. There are services available to help and support through this time.
Visit our help page