McKenzie Friend Blog Post: What happens in a remote family court hearing?

A remote family court hearing follows exactly the same process as a in-person hearing. Much of process is the same. The Judge or magistrates run the hearing on a group telephone or video call. Each party takes their turn to speak. A litigant in person can access advice and support of a McKenzie friend throughout, on a private messenger system during the hearing.

For a litigant in person (someone presenting their own case,instead of using a family lawyer) there are many dynamics that can influence the outcome and direction of proceedings. You need your “Eyes Wide Open”

It will be a daunting experience, difficult to prepare for, especially when it's your family you are speaking about.

You've got to be ready for a fast-moving court hearing that may quickly go in a variety of directions.

You will need to understand how family courts REALLY work.

You will need to be prepared for your emotions being triggered by the other parent (or family lawyer representing them) and have the skills and support to keep calm and listen to matters without emotional attachment.

You will need to be ready to know exactly where you stand on on specific issues of dispute

and be prepared voice your disagreement to the judge to contest something if you feel strongly if it's not true.

You may need to consider compromising or negotiating in the heat of the moment.

You will need to assess if legal language persuasion techniques are being used so you can calmly consider any offers or allegations made.

You will need to be articulate and focus on the criteria the court is concerned with and not be distracted with emotions from the past.

Having a McKenzie friend coach and support you through experience is a bit like somebody having their hand on their shoulder behind you, helping you to gather the confidence to deal with these challenges as they arise.

I help my clients feel more confident when speaking to a judge. My clients want to understand the shrouded in mystery family court process better and don't want to be tricked by the legal language into agreeing something they will regret later. They need my support to help them stand up to lawyers who are trying to pressure them into an agreement . They know intuitively if they can keep their emotions in check, they are the best person to talk about their family.

Controlling your emotions in the heat of the moment will play a key role in achieving a positive outcome in a difficult situation. The last thing you want to do is freeze on the spot and forget to say something that is important, only to remember it later. This is where I come in and why it is so important to be prepared in advance. Things will definitely happen in the heat of the moment so a extra set of attentive eyes and ears will be extremely useful, especially when I know the key details that must be in a court order to prevent further conflict in the future.