Defended hearings in the
Family Court

Defended hearings in the Family Court are usually seen as a last resort after other attempts to sort out the dispute by agreement have failed.

However certain types of family problems (such as those involving sexual abuse or domestic violence) require the expertise of a Family Court Judge to consider the evidence and make arrangements that are in the welfare and best interest of the children involved.

In a formal court hearing, the judge makes the decisions. When children are involved, their welfare and best interests are the first and most important factor the judge must consider. Once the judge has made an order, the people involved must follow it. One party cannot then decide to make their own arrangements for the issues dealt with by the order. However an application can be made to the Family Court to vary (change) the court order.  

How long you will have to wait for a hearing depends on how urgent and how complicated your case is.

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