At a hearing, the judge will consider the evidence (for example, affidavits or witnesses) before they make a final decision about your case.
Formal proof hearing – this takes place when the other people involved haven’t responded to an application. The judge may make a court order based on your application. Before making an order, they’ll decide whether the order you’re asking for is in the best interests of any children.
Submissions-only hearing - the judge will make their decision based on the evidence already presented to the court and submissions made by the parties and their lawyers.
Defended hearing - you and the other people involved will give evidence. If a judge has appointed a specialist report writer for your case, they may also give evidence. The judge will make a final decision at the end of the hearing or shortly after.
The judge will let you know when it’s your turn to speak. If you have a lawyer, they’ll usually speak for you in the court room, unless you’re giving evidence as a witness. It’s important you understand what’s going on. You can ask questions in court when it’s your turn to speak.
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