Attending hearings

In-person hearings

If you have been notified that your hearing is to take place in court, talk to your legal representative about how to attend. There are strict COVID-19 measures in place. If you do not have a legal representative, you should receive instructions on how to attend the court office.

You must not go to any court building unless you have been told to do so. Take the letter requesting your attendance with you to the court.

If you have a legal representative, you can ask them about what to do when you arrive. If you are representing yourself, you may find the following helpful:

• On arrival

  Make sure you arrive at the court building at least 15 minutes before your hearing.

  When you arrive you will need to go through security. Your bags will be put through a metal detector. This is similar to those used at airports.

  Inside the court building you can ask the security guards or staff at the reception desk for directions to the court room. Show the court staff the letter you have received from the court telling you to attend the hearing.

  When you find the court room, let the security guard or court clerk know you have arrived. The security guard sits inside the courtroom at the door.

  If the judge is not already there you can speak to the court clerk who sits near to where the judge will sit. Tell the clerk or the security guard that your case is to be heard that day and that are representing yourself. The clerk and the security guard will have a list of cases to be heard that day and can check you are on the list.

  Court lists will be inside the court and not available to members of the public. The clerk or the security guard will let the judge know that you are at the court.

  If the court proceedings have already started, you cannot enter the court room. You need to alert the security guard or court clerk that you have arrived by waiting by the door and speaking to them when they come out to call the next case.

  You will be asked to wait outside the courtroom and the security guard will call you in when the judge is ready to hear your case.

• The waiting room

  You may be asked to wait in the corridor outside the courtroom until your case is called.

  The other party may be there and they may have a legal representative with them.

  They may want to speak to you about your case. This is normal. It is common for lawyers to discuss the issues in the case before going into the court room to try to reach a compromise or agreement on them. This can help to speed up the hearing and reduce the number of issues that the judge will have to decide – see Agreeing a decision out of court.

• How long will I need to be at court?

  The letter you get from the court will tell you what time you should arrive. You may need to wait to be called into the court room. How long your hearing takes will depend on the judge and the circumstances of your case. Try to give yourself as much flexibility as possible in case there are any delays or the hearing takes a long time.

• What to do I when I enter the court room?

  When you are called into the court room, the judge may tell you where to sit or you can take a seat at one of the desks or you can ask the judge where to sit - see Who's who. In the Family Proceedings Court, two Lay Magistrates may also be seated alongside the judge. The judge consults with the Lay Magistrates on the case. At a hearing in the Family Care Centre the judge will be seated alone.

  If the judge has given permission for you to have a McKenzie Friend attend the hearing with you, they can sit beside you in the court room. Make sure they can be available for several hours in case your hearing is delayed.

  If you are representing yourself, the judge will usually ask the solicitors and barristers who are in the room but are not involved in your case to leave.

  Be polite when speaking in court and do not worry about what to call the judge – Sir or Madam is fine. In Magistrates’ and County courts, you will hear judges being called ‘Your worship’. In County Courts, you will hear judges being called ‘Your Honour.’ For more on how to participate in the hearing - see During the hearing below.

  There are some useful videos online showing what family courts in England are like, like this one in Bristol - see The Family Court without a Lawyer - Video 2.

  This is helpful to show you what to expect at court but some of the terms or language will be different. In England, a CCO is known as a Cafcass Officer. The Court Clerk is referred to in the video as the Court Officer.

Cannot attend your hearing

Both the applicant and respondent parties are usually expected to attend hearings to hear the other side’s arguments and receive information about the case, such as directions or Orders that the judge makes.

If you have a legal representative acting for you, your legal representative will attend the hearings and may speak for you in the hearings. You may have a barrister too, depending on how complex your case is or which court your case is heard in – see Which court deals with family cases.

Your legal representative will advise if you need to attend the hearing. If the hearing is in person, you may be asked to wait in the court’s waiting room where your legal representative will consult with you. If you attend the hearing - online or in person - the judge may ask you questions.

If you are representing yourself, you must attend the hearings so that your views are presented to the judge. If you do not attend, the hearing may take place without you.

If you cannot attend a hearing, here are your options:

• Request an adjournment

  If you are not represented and you cannot attend a scheduled hearing or you cannot provide the documents requested on time for the hearing, you can ask the judge to postpone (or ‘adjourn’) the hearing to a later date.

  You can ask the other party to agree to postpone the hearing. If they agree, it may support your request to the judge to adjourn.

  A postponed hearing is called an adjournment.

  As soon as you know you cannot attend you should contact the court and request an adjournment. You may be required to formally request an adjournment through Form C2 - available from Department of Justice Family Forms and also on this website - see Applying in ongoing proceedings.

  The judge decides whether an adjournment is required or justified on the basis of your request and whether it is in the best interests of the child, as well as other factors related to the case. The judge may decide not to adjourn.

  If the judge does not adjourn a listed hearing and you do not have a legal representative, it is advisable that you attend the hearing as it could take place without you and the judge could issue directions or make an Order in your absence.

  If it is impossible for you to attend and you do not have a legal representative, you may want to consider instructing one to attend the hearing to represent you.

• Not attending a hearing

  If you are represented, ask your legal representative whether you need attend your hearings.

  If you are representing yourself, you must attend all of your hearings because there is no one to represent you at them. If you cannot attend, you should contact the court office by email in the first instance to let them know. For court office contact details - see NICTS contact details or Court office emails.

  If you do not attend, the judge may make an Order or issue directions in your absence. Also, you will not hear what the other party said. There is no audio recording or written record taken of hearings in the Family Proceedings Court.

  You may need to contact the court office to ask if the judge made any Orders or directions in your absence. These will be sent out in the post, usually within a week of the hearing. If you require a court Order earlier, you can email the court office to arrange to collect a copy of the Order from the office. You should bring identification to collect the Order.

• Request a new date if you cannot submit your documents on time

  If you are not represented and are delayed in preparing your submission, email the office to let them know and request a new submission date from the judge - see NICTS contact details or Court office emails.

Checklist: before you join a hearing

Attending a hearing can be a stressful experience and it can be easy to get muddled or forget things, especially if you are self-representing. Here is a list of things to organise before a hearing:

• Device to use to join remote hearing

  If you do not have a legal representative, you will need to access Sightlink or another online platform on a phone or a tablet or computer with Internet access.

• Sightlink or Webex access info for remote hearing

  If you have a legal representative, they can tell you how to join.

  If you are unrepresented, you can access the hearing by yourself. On the day of the hearing, the court clerk will send you an email to tell you how and when to join. Make sure they have the correct email address for you and be prepared to join as soon as the clerk’s email arrives. If the link drops, email the court clerk immediately to ask to re-enter the hearing.

  • Guide to remote hearings using Sightlink
  • Guide to remote hearings using Webex
  • Quick Guide for Court Users (Remote Hearings)
• Location of the court & parking for in-person hearing

  If you have to attend your hearing in person, make sure you can find the location of the court and know how long it will take to get there - see NI Court offices directory.

  You may have to leave your car in the car park for the whole day.

• Time and date of hearing

  Check with your legal representative or if you do not have one, check the letter or email from the court.

• Email address of the court clerk for remote hearing

  If the links drops, you can email the court clerk who sent you the email about how and when to join on the day ask to be let back into the hearing.

• Time off work

  In-person hearing

  If you are attending the court in person, you should arrive in good time for the time given. It is possible you will have to wait before your hearing starts. Allow a few additional hours in case of delay or the hearing goes on for longer than expected.

  Remote hearing

  You will need to be available to join your hearing at the time given. It is possible you will have to wait before your hearing starts. You will be given an approximate time for your hearing and you should be ready for this time. Allow a few additional hours in case of delay or the hearing goes on for longer than expected.

• Childcare 

  If you would normally be with your child, make arrangements with someone else to look after them or collect them from school in case you have to be available for your hearing all day.

• Quiet private space for remote hearing

  The hearing is private and you will need to be able to follow what is happening. Find a quiet space with privacy for the duration of the hearing.

• Be on top of your case

  Have to hand your copies of the documents requested by the judge for the hearing. For information on how to send documents to the court – see Submitting documents for your case.

  If the judge asked you to submit a document and you have not done so, you will need to explain why this is.

  Have readily available copies of all case document in case you need to refer to them.

  Check your notes from previous hearings so you are familiar with the statements and other papers, know what you want to say, prepare questions you want to ask the judge or the other party, and prepare answers to questions likely to come up..

  For more on preparing what you will say in a hearing - see Preparing your case

• Legal representative's contact details

  If you have a legal representative, check with them how you will be in contact with them during and after the hearing.

• Support - a McKenzie Friend

  If you have someone who is supporting you, you will need the judge’s permission for them to attend the hearing with you – see Get support – McKenzie Friends.

  If the judge has given permission for your McKenzie Friend to attend, you will need to share the link to the remote hearing with your McKenzie Friend.

  If your McKenzie Friend is joining the hearing, make sure they can be available for several hours in case your hearing is delayed or goes on for longer than expected.

• Pen & paper

  You will need to note down what was said in the hearing and what the judge has asked you to do.

  In the Family Proceedings Court, there is no audio record of the hearing and no stenographer to take a written record. You are not allowed to record the hearing.

  Making notes on the main issues, dates and what was said will help you keep track of what happens in the hearing. It is easy to lose track.

  Make a note of anything you do not understand and ask the judge to repeat or explain when it is your turn to speak.

• Drink & snack

  In case you have a long wait, have a drink and snack to hand.

Possible outcomes of a hearing

Each hearing may have several different outcomes:

• Judge requests documents

  The judge may ask for further documents to be provided, such as a statement of evidence or a position statement or other information and evidence to help make a decision - see Preparing case documents.

  The judge will inform the parties when they should submit these documents to court.

  Only documents and statements that the judge has asked for can be given to the judge and/or the other party.

  If you want to submit other information which you believe is important for the case, such as notes from medical consultations, videos or text messages, you must make an application to the court for permission, either during a hearing or using a Form C2 – see Applying in ongoing proceedings. This will request permission to present these documents to the court for the case.

  If you want to change a document which has already been submitted, you have to ask in writing for permission to change it.

  If you want to present expert evidence, such as medical reports or any other type of report prepared by an expert witness, you must obtain the judge’s permission. An application should be made using Form C2 and sent to all parties to the proceedings - see Forms for family court.

  If the judge agrees for an expert to present evidence, one will be appointed. The expert may prepare a report and examine the child or parent and give evidence to the court.

• Judge appoints Court Children's Officer

  The judge may also consider if a Court Children’s Officer (CCO) needs to be involved - see Court Children's Officer. If they consider it is in the best interests of the child, a CCO may be appointed to provide a report on the child.

• Judge makes interim Order

  The judge may make a temporary Order, such as an interim Contact Order, to put arrangements into place until the final Order or another interim Order is made.

  The judge may order contact takes place immediately either directly or indirectly and this could include supervised contact at a contact centre. This does not mean the judge has reached a final decision.

• Judge appoints Guardian ad litem

  If the judge is concerned about the welfare of the child in a case, they can ask a third party to represent the interests of the child. This person is called a Guardian ad litem. They provide information about the welfare of the child so that the judge can make a decision in the child’s best interests.

• Judge sets date of next hearing

  At the end of the hearing, if a further hearing is required, the judge will set the date.

• Judge makes a final Order

  The judge may make a final Order at any time of the proceedings, but the final Order is usually made in the final hearing. The Order will be drafted and sent to both parties.

• Judge makes an Order restricting new applications being made to the court

  In some circumstances, a judge will make an Article 179(14) Order. This means that someone who normally has an automatic right to make a request to the court has to ask the court’s permission before making any more applications. For example, a parent who does not live with their child.

  A judge may make this Order if they:

  - believe that the parties are hostile and may make or have made repeated applications to the court in bad faith; or

  - decide that the parties need a break from litigation to let the arrangements made for the child settle; or

  - decide it is beneficial for the child that there are no new applications for a period of time; or

  - believe that applications are being made without any valid legal basis.

  The judge may make an Article 179(14) Order even if neither of the parties applied for one.