This post is presented by J.Donovan Law Group

Part 4 was about how you should prepare for your first hearing and what to expect while you wait (click HERE to catch up!). You have signed and filed documents with the Court explaining why you should receive what you have asked for.  The other parent and their lawyer have also done the same.  The Judge has the information and now it is time to argue and try to persuade the Judge that you should be the successful party and receive the things on your list of wants.

You have waited for this day for a while and now you hope to leave with an Order that you are happy with.  That’s why you have paid your lawyer, right? Win, Lose or Draw! The pressure is on and stress and anxiety are likely at an all time high! It is decision day!

Hopefully, your children are unaware of the Court hearing and what is going on because if the Judge finds out they have been involved and told adult things, he will not be happy with the parent who told the children.

Send your children off to daycare or school and away you go to Court.  Your lawyer will likely meet you there as opposed to travelling together.  Once there, you will have to go through security and empty your belongings before you are allowed to enter the common areas.

Your lawyer may allow time to meet with you for a brief minute to recap and remind of what you two have discussed, planned and hope to achieve.

Maybe both lawyers meet right before the hearing and try to discuss settlement.  If you two are able to settle at the last minute, the Court will be happy and allow the lawyers to put the “agreement on the record”. Doing so makes it official and an Order.

The lawyer who represents the party who started the process will be asked to prepare the Order for the Court and your signatures.  Judges do not draft Orders; lawyers do!

If last minute talks fail, all involved enter the courtroom and wait for the Judge to enter.  You may have people with you for support.  When the Judge enters, the Sheriff will ask all to rise and the lawyers will bow and then the hearing will begin.

The lawyer who represents the party who started the process argues first, followed by the other lawyer and concluding with the first lawyer. The lawyer who goes first gets two chances to try to persuade the Judge.

Very rarely do parties testify – get up on the stand – and answer questions at a first hearing – so don’t worry about having to do that unless your lawyer advises you that an exception has been made and you must testify.

Once arguments are over, the Judge may give his decision on the spot or “reserve” meaning provide at a later date, which could be the following week, two weeks later or next month.

So, yes, you may leave Court without a decision and have to wait some more.

More often than not, decisions are granted on the spot.  Once granted, you have to live with them until changed at a variation hearing later on or on appeal.  Most people do not appeal or if they want to, do not because of the extra cost involved.

Once that process is over, you are not done.  That is just the first step.  You may have many more hearings ahead or days in trial where you testify and perhaps call witnesses to testify too.

The process is daunting and can be long.  Hire wisely! Ensure you are comfortable with your lawyer because chances are, you and your lawyer will be in it for the long haul.

As lawyers, we want very much to be successful in Court for our clients, and walking out of Court after the first hearing, we want our clients to be victorious!!

Good luck in Court.

All for now!

Until Part 6

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