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Overview
A case conference is where everyone involved in your case will meet with a judicial officer. The judicial officer will hear from everyone (or your lawyers) and talk about the next steps in your case. You can use a case conference to try to come to an agreement.
Types of case conferences for care of children matters
There are five different types of case conferences in Care of Children Act proceedings. The type of conference you have will depend on whether your case is urgent or not.
Issues conference – this helps the judicial officer decide what issues need to be worked out. It will also help the judicial officer decide whether to hold a settlement conference or go straight to a hearing.
Settlement conference - the judicial officer will try to help you (and the others involved) work out your disagreement. If you and the others involved come to an agreement, the judicial officer may make a court order. If you can’t agree, your case may go to a hearing.
Directions conference - the judicial officer will give directions to get your case ready for its hearing. At least five days before the conference, you and the others involved will have to prepare and file a Memorandum for Directions Conference. This needs to be filed at your nearest court. If you have a lawyer, they’ll prepare and file this for you after discussing it with you. It’ll help the judicial officer understand your situation before the conference. Sometimes the judicial officer can make a final order at a directions conference. For example, if you don't show up for court and don't have a good reason for it.
Get ready for a directions conference
Pre-hearing conference - the judicial officer will check that your case is ready to go to a hearing. This includes making sure all directions have been carried out. The judge will also go through any new issues that may have come up since the last directions conference.
Case management conference – this lets the judicial officer keep an eye on how the case is moving forward. Case management conferences are usually only needed if the judicial officer thinks your case is complex. If a judicial officer decides your case is complex, it means there are certain things about the case that require extra attention. This may be because of serious allegations of abuse or violence, serious risk of safety and wellbeing of a child, or other legally technical issues. If your case is complex, usually the same judicial officer will manage your case.
Sometimes, the court may refer you back to mediation to try and work out the issues. The judicial officer may also decide to hold a mediation conference and try to help everyone come to an agreement, without the need for a court hearing.
In cases involving Oranga Tamariki and children, the court may refer you to a Family Group Conference meeting.
Judicial conferences
For cases under Acts such as the Family Violence Act, Oranga Tamariki Act, and Protection of Personal Property and Rights Act the conference will likely be called a judicial conference. At a judicial conference the judge will talk with the lawyers and parties to determine what should happen next to resolve your case.
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Feeling overwhelmed?
Going to Family Court can be hard. It's normal to feel overwhelmed. There are services available to help and support through this time.
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