It can be daunting having to go to family court—you may feel unfamiliar with the surroundings, be worried about speaking in open court, or simply don’t know the workings of the court system. You are not alone, and it is only natural to be concerned about those things. Family hearings are often scheduled weeks ahead giving you a long period of time on which to dwell and over-think the situation.
But what happens if you don’t turn up? And are there any consequences? This article looks at these things and the sanctions that may be imposed if you fail to attend court.
If you have concerns about your family law situation and you feel you need legal advice, contact specialist family solicitor Helen Miller of Stowe Family Law. She is an exceptionally skilled family law expert with over 20 years’ experience, and Managing Partner at this well known specialist family law firm.
Why should I attend court?
Going to court is seen an essential element of your commitment to the case and shows your willingness to engage in the process. First impressions count for a lot in court, and turning up late—or worse—not at all, is disrespectful to everyone who did attend. If the court is making decisions about your finances or children, showing you care about how you are perceived will give the judge a more favourable view of how seriously you take the case and your parental duties.
This is because when you attend your court hearing, the judge directly assesses your credibility and engagement, which, in turn, may influence their perception of you. If you don’t attend, it could be seen as lack of serious commitment, potentially leading to negative implications, such as a dismissal of your case or decisions you don’t like being made in your absence.
Attending court allows you to:
- Present evidence
- Respond to questions – giving you the opportunity to clarify points, resolve any misunderstandings, and strengthen your position
- Address any concerns the judge may have
- Increase your chances of receiving a favourable outcome by demonstrating you are actively taking part in the process
This is likely to be persuasive in family cases, where personal and emotional issues are often involved. Furthermore, it shows respect for the court, and is likely to have a positive effect on the proceedings.
Can the hearing be adjourned if I can’t attend?
If you know beforehand that you cannot attend the hearing at family court, you should inform your solicitor as soon as possible. The other party may agree to the adjournment if there is a good reason that you cannot attend. That said, booking a holiday or having to attend a work meeting when you know you have a pre-existing hearing date will not usually lead to an adjournment.
If you are unwell and unable to attend, you should get a letter from your GP or hospital stating that you were/are too ill to go to the hearing. You can then send a copy of the letter to your ex’s solicitor and the court asking to adjourn the hearing.
What can I do if I am unable to attend court?
If you cannot attend court, you should inform it as soon as possible. Here are the steps involved in the process:
- Set out the issue in writing giving the reasons for your absence such as illness or personal circumstances. This should be done several days before the hearing, if possible, to allow time for adjustments or an adjournment of the hearing.
- Provide evidence to support your claim, such as a doctor’s note, or other documentation depending on your reasons for non-attendance. This will help the court assess the validity of your reason for requesting the adjournment.
- Ask for a postponement or adjournment and be prepared to explain why rescheduling is required and how you intend to proceed with the case.
Missing a hearing without notifying the court or giving a valid reason could result in your case being dismissed or decisions being made in your absence. It is imperative to ensure you take prompt action to avoid these risks as persistent adjournments can reflect poorly on your commitment to the case.
What is the possible outcome if I don’t attend court?
Unfortunately, the matter will not disappear if you simply ignore it. There are several potential outcomes of missing a court hearing, which include:
- Adjourning the hearing and having to wait months for a new court date
- A costs order being made against you. This means you will be ordered to pay your ex’s legal costs in relation to preparing for the hearing and court attendance
- Dismiss your application if you are the applicant. If this happens and you still want the court to adjudicate on your case, you will have to start from the beginning with a new application. If the court views your non-attendance as particularly grievous, it may impose the additional hurdle of applying to the court for permission to make the application. If permission is denied, your substantive application ends there.
- Adverse inferences may be made by the judge at the final hearing because you failed to engage in the court process.
- Make an interim order in your absence
- Make a final order. If this happens, it is likely that you will struggle to get the order set aside if the court is satisfied you knew about the hearing and deliberately didn’t turn up.
Persistently refusing to attend court hearings can lead to being found in contempt of court. This happens when a party deliberately fails to comply with a court order, and can mean severe penalties, including fines and imprisonment are imposed.
In addition, the court may decide to issue an arrest warrant to ensure the individual is compelled to appear and participate in the process. If an arrest is made, the individual could face being detained until they comply with court orders. Fines can also be imposed which are intended to encourage compliance and make sure the judicial process is respected.
Your presence is essential for the effective progress of your case and allows you to actively participate in the decision making process. Your character is being judged by people you don’t know, and will make a decision based on the evidence before them. Maintaining good communication with your solicitor and the court is a key component of obtaining a successful outcome. Ultimately, by refusing to attend court you are doing yourself and your case a huge disservice.
Find The Best Divorce & Family Lawyers Near You
We independently review and list the top divorce lawyers and family solicitors in the towns and cities near you. 100% free.
The information on this website is to be considered a guide and is therefore not legal advice. You use this information with the understanding that Wiselaw does not accept liability for any direct or indirect losses as a result of anyone relying on or acting upon the information on this website. Whilst we endeavour to provide accurate information, Wiselaw does not accept liability for any errors or omissions on this website.
