NZ FAMILY COURT CONFERENCES

Directions Conference

The purpose of a directions conference is to enable a Judge to make the orders and give the directions that are necessary to ensure that the hearing takes place as early as possible and will enable the determination of the issues in dispute between the parties.

At a directions conference the judge makes directions and Orders that will get your case ready for its hearing. You can have lawyers at a directions conference. At least five days before the conference, you and the other person or your lawyers have to give the judge more information about your case by preparing and filing a memorandum for directions conference. Sometimes – such as when the respondent doesn’t show up and doesn’t have a good reason for it – the judge can make final Orders at a directions conference, as if it was a hearing.

HEARINGS

The judge may decide that the case will go to a hearing. A hearing is more formal than a conference. It takes place in a court room with a judge. You can represent yourself or you can have a lawyer.

If you can’t afford a lawyer, you may be able to get legal aid or free community legal help.

Types of hearings

A formal proof hearing happens when the other person has decided not to defend the application. Here the judge examines proof that the care and contact arrangements you're asking for are in the best interests of the child.
At a submissions-only hearing the judge will decide on the matters in dispute based on the evidence and affidavits filed before the hearing. The judge might also ask you and the other person questions, and talk to the lawyer for the child or any specialists who have provided reports.
At a defended hearing the evidence is tested and witnesses are cross-examined. The judge will make a decision at the end of the hearing or shortly after.

The judge can give directions that say what should happen at any stage in this process. If the judge does this, they'll tell you what this means.

ORDERS

What happens after you apply for an Order

Once you apply, your case will be dealt with in one of the following ways (these are called 'tracks'):

Without notice (urgent) – if the case involves family violence or child abduction and you made a without notice application. The judge will look at the application and decide whether to make the Order straight away before the other person gets to have their say.
Simple – if you and your ex-partner agree on parenting or guardianship arrangements and want the Court to formalise it.
Standard – if your case isn't urgent, but you and your ex-partner can’t agree on parenting arrangements (after attending a Parenting Through Separation course and Family Dispute Resolution).