What Happens If You Miss a Family Court Hearing

Missing a family court hearing is a serious matter. It is something that happens for a range of reasons, from illness and transport problems to a failure to receive the notice of the hearing in the first place. Understanding what the consequences can be, and what to do if it happens, is important.

What the court can do if you miss a hearing

If a party fails to attend a family court hearing without prior notice or a good reason, the court has a range of options available to it. In some cases, the judge may adjourn the hearing and make a costs order against the absent party. In others, particularly where an application is being heard, the court may proceed in the absence of the missing party and make an order accordingly.

In financial remedy proceedings, a judge who proceeds in the absence of one party has the power to make financial orders based on the information available. This is not a position anyone wants to be in, as the absent party has no opportunity to present their case or challenge what the other party says.

What to do if you know in advance you cannot attend

If you know before a hearing that you will not be able to attend, the right thing to do is to notify the court and the other party as soon as possible. You should apply to the court for an adjournment, explaining the reason for the request and providing any supporting evidence, such as a medical certificate if you are unwell.

Adjournment applications are not automatically granted, but where there is a genuine reason for the absence and the application is made promptly, the court will generally take a reasonable approach. Leaving it until the last minute, or simply not attending without any communication, is the worst outcome.

Our family law barristers can advise on how to handle a hearing that you are unable to attend.

What to do if you have already missed a hearing

If you have already missed a hearing, the first step is to find out what happened at the hearing and what order, if any, was made in your absence. You can obtain a copy of the order from the court. Once you know what was ordered, you can assess what needs to be done next.

If an order was made against you in your absence, it may be possible to apply to set it aside, particularly where you had a good reason for not attending and you were not aware of the hearing or were unable to attend through no fault of your own. The test the court applies is whether it would be just to set the order aside in all the circumstances.

When you were not given proper notice

If you did not receive notice of the hearing, this is a significant factor in any application to set aside an order made in your absence. The court has a duty to ensure that both parties are properly served with notice of hearings. Where this has not happened, you are in a stronger position when applying for the order to be set aside.

You should act promptly. The longer the delay between discovering the order was made and taking steps to address it, the more difficult the application may become.

The importance of engaging with the court process

Family court proceedings require active engagement from both parties. Hearings are listed for specific purposes, and failing to attend, particularly repeatedly, can affect your credibility with the judge and the overall conduct of the case. Where there are genuine reasons for a missed hearing, dealing with the situation promptly and honestly is always the best approach.

You can read more about how family court proceedings work in our guide to direct access barrister support for family proceedings.

If you need a barrister to represent you at a family court hearing you should get in touch to find out more.