Types of Hearings

A first appearance (sometimes called a return date or first court date) is typically a brief administrative appearance. The judge will confirm that both parties have received the court documents, check whether the parties have exchanged financial disclosure, and set a schedule for next steps. It is usually not the time to argue the merits of your case. Come prepared with your documents, know your availability for future dates, and be ready to confirm whether you have a lawyer.

A case conference is an informal meeting with a judge to discuss the issues in dispute, explore settlement, and plan the next steps in the case. It is not a hearing where evidence is presented or decisions are made. The judge will encourage the parties to resolve issues without a full hearing. Case conferences are confidential — what is said cannot be used against you at a later hearing. Come prepared with a brief summary of your position and a genuine willingness to discuss settlement.

A settlement conference is a more focused attempt to resolve the case before trial. A judge (usually a different judge from the one who will hear the trial) meets with both parties to explore settlement. The judge may give a frank assessment of the strengths and weaknesses of each side's case. Settlement conferences are confidential. If settlement is reached, it can be made into a consent order. If not, the case proceeds to trial. Come prepared with a realistic sense of what you are willing to accept.

A motion is a formal request to the court for a specific order, usually on an interim (temporary) basis while the case is ongoing. Motions are decided based on written materials — affidavits and factums — rather than live testimony. Each party files their materials in advance, and the judge reads them before the hearing. At the hearing, each side makes brief oral submissions. Motions can be used to get temporary parenting arrangements, support orders, or other urgent relief.

A trial management conference happens shortly before trial. The judge reviews the issues that remain in dispute, confirms the witnesses each party will call, estimates how long the trial will take, and addresses any procedural issues. It is an opportunity to narrow the issues and ensure the trial runs efficiently. Come prepared with a list of your witnesses, an estimate of how long your evidence will take, and a clear statement of the issues you still need the court to decide.

A family law trial is a formal hearing where both parties present evidence and witnesses, and a judge makes final decisions on the issues in dispute. Trials can last anywhere from one day to several weeks. Each party presents their case through sworn testimony and documents. The other party can cross-examine witnesses. After hearing all the evidence, the judge will make a decision — sometimes immediately, sometimes weeks later in a written judgment. Trials are expensive, time-consuming, and stressful. Most cases settle before trial.

An emergency hearing can be obtained quickly when there is an immediate risk to a child's safety or a party's well-being. You can apply without notice to the other party (called an ex parte application) if giving notice would put someone at risk or if the matter is so urgent that there is no time. Emergency orders are temporary — the other party will have an opportunity to respond at a follow-up hearing. Courts take emergency applications seriously and expect genuine urgency, not tactical manoeuvring.