A final hearing in the Family Court is usually the stage at which the court considers the remaining issues, hears evidence from the parties and relevant witnesses, and makes a decision where agreement has not been reached.
Attending a final hearing can feel daunting. Many people will worry about giving evidence, being questioned by the other side or simply not knowing what to expect. Understanding how a final hearing works and how to prepare can help you feel more confident and focused on presenting your case.
In this article, I am going to explain what to expect when you attend a final hearing, as well as some useful tips regarding giving evidence. The focus of this article is on a final hearing in Children Act proceedings in the Family Court.
If you are attending court for the first time, you may also find our article on attending court helpful: guidance about attending court for the first time.
What happens at a Final Hearing in Family Court and what can you expect?
As set out in our jargon busting article (Children Act Proceedings | A Jargon-Free Guide), a final hearing will be listed where the issues between the parties remain unresolved. The Judge will then make the final decision.
In the lead up to the final hearing, you will probably have prepared a statement explaining what you are seeking, and why.
The final hearing may be on a submissions only basis which is where the parties (or their legal representatives if they are represented) make oral submissions setting out their position. Alternatively, the final hearing may involve the parties giving evidence. Part 22 of the Family Procedure Rules sets out the general rules for evidence.
When it comes to giving evidence at the final hearing, usually any professional witnesses, such as social workers or Cafcass officers will be heard first, followed by the applicant and then the respondent.
During your evidence, lawyers for each side will take turns to ask you questions. Your lawyer may ask you some questions to clarify or update your written evidence. The other party will then have the opportunity to ask you some questions. This is known as cross-examination.
Cross-examination can sound intimidating, but it is simply the process of allowing the other party to ask questions about your evidence.
If you are worried about seeing your former partner, feel vulnerable, or have experienced domestic abuse, tell your solicitor as soon as possible. The court may be able to put special measures in place, such as separate waiting areas, screens in the courtroom or alternative arrangements for giving evidence. For further information in this area, please refer to our previous articles on Attending court as a vulnerable person and Giving Evidence – vulnerable witnesses.
When it is your turn to give evidence you will move to a different area of the court, usually between the Judge and the other people within the court room. You will be asked to give either an oath on your chosen religious text or a non-religious affirmation. By taking an oath or affirmation, you are confirming that your evidence will be truthful to the best of your knowledge and belief.
After hearing all the evidence, the Judge may take a short break before delivering their judgment. Sometimes they will ‘reserve’ judgment and order that all parties return to court at a later date. On occasion they will provide a written version of their judgment if the case is particularly complicated.
What should you do to prepare for giving evidence?
Before the final hearing, you should:
- Read your statement carefully so that you feel prepared for any questions you may be asked about it;
- Familiarise yourself with the court bundle;
- Refresh your memory on key dates and events;
- Discuss any concerns with your solicitor;
- Plan your journey and arrival time.
You cannot bring your own notes or any other papers into the witness box. If you feel that any of them would be of use, you will need the Judge’s permission in order to use them.
There should be a paper bundle in front of you when you give your evidence, which will include all of the papers that have been filed with the court throughout your case, including any statements.
How should you answer questions when giving evidence in Family Court?
My advice to clients is often the following:
- Listen carefully to each question.
- Take your time before answering.
- Ask for clarification if needed:
- You can ask for a question to be repeated or rephrased
- If you are asked a question about something contained within a document, you can ask to be shown the relevant passage so that you can read through and understand it before answering.
- Answer honestly.
- Keep answers relevant to the question asked.
- Avoid interrupting.
- Stay calm, even if a question feels unfair.
Our previous article – Giving evidence – what to expect when you go to court gives some more information on giving evidence.
Can you ask for a break while giving evidence in Family Court?
The purpose of cross-examination is to test the evidence before the court. Giving evidence can be emotionally challenging. If you become upset, overwhelmed or need time to compose yourself, you can ask the Judge for a short break. Judges understand that family proceedings often involve highly personal and emotional issues.
What should you do if you cannot remember an answer when giving evidence?
If you do not know or cannot remember something, say that. It is perfectly acceptable to say that you do not remember something or do not know the answer to a question. Guessing can lead to mistakes and confusion.
This is your opportunity to put your case forward for the Judge. Similarly, if you make a mistake, admit to it straightaway and correct it if possible.
Who should you address when giving evidence in Family Court?
The nature of cross-examination can feel like you are being attacked but try not to take this personally. It can help to direct your answers to the Judge as you are then looking at them as opposed to the other person’s solicitor or barrister when giving your response. Testing the evidence is part of the process and helps the Judge to establish the facts at hand.
They will be closely following your answers to each question in order to come to their final decision.
Can you discuss your evidence before you have finished giving evidence?
No, you cannot discuss your evidence until it has finished.
Giving evidence can feel intimidating, but careful preparation and a clear understanding of the process can make the experience less stressful. The Judge’s role is to hear all the evidence and make a decision. If you are unsure what to expect, seeking legal advice beforehand can help you feel more confident and prepared.