Attending court can be a daunting experience, no matter the circumstances. In family cases, emotions can be heightened, and you may feel you want to avoid court altogether after receiving a Notice of Hearing providing you with a date to attend. However, it is critically important that you do so. It is normal to have concerns but there is plenty of support available to those who feel unfamiliar with the court process and don’t know what to expect.
What are the outcomes if you do not attend Family Court?
Consequences for not attending family court range from financial ones to decisions being made in your absence. When dealing with family matters, whether it be finances or children, the courts generally like to see parties being as constructive as possible, working towards the best solution. Not attending court may project a very different image and consequences include:
Adjournment
The case may be adjourned. This means that the court date will be relisted. You will be notified, and you will be expected to attend court on this new date. It is important to note that the delay could be months later, which prolongs your case and potentially has a financial impact on yourself and the other party.
Fines and Financial Penalties
You may be in contempt of court and could face a fine. A fine could be up to £1,000 in a county court or up to £2,500 in a Magistrate’s court. Whilst it is very rare in practice, in some cases, you could also be arrested and given a short prison sentence for not attending court, particularly if you are not making contact with court, or have failed to attend more than once.
You are likely to be ordered to pay the costs incurred by the other party in preparing for and attending the adjourned hearing.
Loss of Legal Rights and Inputs
Not attending court may lead to you relinquishing your ability to present your own evidence or to dispute anything put forward by another party. Final decisions can be made in your absence.
A default judgment is a binding court order. If you are the respondent in the case and have not attended court, the court can issue a default judgment without a hearing if they wish. You will be bound to follow this court order, despite not having attended court.
A bench warrant can also be issued by a judge. This is a type of arrest warrant and means a person is taken into custody due to non-compliance with the court. Police will not actively look for you, but if you are to have any interaction with law enforcement, it can lead to an immediate arrest as the warrant is available to see on databases. An arrest may have professional or personal impacts, so it is best to avoid any risk of a bench warrant against you.
What to do if You can’t Attend Family Court?
There are undoubtedly valid reasons for missing a court date. For example, a medical emergency. If this is the case, you must inform the court and your legal representatives as soon as possible. The illness needs to be clearly impacting your ability to attend court, so something such as a headache will not suffice. Speak to a doctor, as supporting evidence must be provided. You or your legal representatives should then contact the other party in order to agree an adjournment date. If you cannot come to an agreement, you can then apply to court. You can do this via a C2 form if your case is a children’s matter or by an N244 form for any other type of family matter.
The court is then able to determine an appropriate outcome, which may be an adjournment or to proceed with the hearing in your absence.
Feeling Nervous?
Talk to your lawyers, your friends, family and support network. At Rayden Solicitors, we are here to help you through this process and are familiar with the court processes. If you feel stressed and have questions, let us know. We will be able to break down the expected day at court, how to address a judge, if necessary, what to wear or anything else which may be a concern for you.
For those who are unable to access legal advice and representation, there are plenty of support options available:
- One support avenue is a McKenzie friend. This could be a friend, family member, somebody from a voluntary organisation or an individual who charges for their service. This is available if you do not have a lawyer with you in court. A McKenzie friend may not have any training and cannot provide you with legal advice, but they are able to sit with you, take notes, and help identify issues that you may wish to raise as they cannot speak on your behalf. This may help you to feel more comfortable in a court setting.
- Another helpful resource is the following website: https://www.familycourtinfo.org.uk/. This breaks down in some detail common questions you may have about attending court and your family case in general.
- Support Through Court is a free service which provides a volunteer to attend court with you, providing both emotional and practical support.
Afraid to See the Other Party?
If you have experienced domestic violence, you may be worried about seeing the person or being in the same room. If this is the case, discuss your concerns with your lawyer, friends or family. The courts and your legal representatives can implement certain measures such as a screen to separate you, staggered arrival times, separate waiting rooms, and more to ensure your safety and peace of mind.
Conclusion
Whilst court can be intimidating, it is important to understand the serious consequences if you do not attend. Some of these consequences can have lasting impacts, financial and personal. At Rayden Solicitors, we can guide you through the process, help you understand what to expect and support you throughout. If you require any advice or have questions, please do not hesitate to contact us.
