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What Happens If Respondent Does Not Respond Family Court

Are you in the middle of a lawsuit and the respondent is not responding to family court? What should be your next step?

By Leo ArthurPublished 15 days ago 3 min read
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Family Lawyers in Parramatta

Legal battles are not easy, but the other party's unresponsiveness makes them more challenging and extensive. Getting stuck in a lawsuit because the respondent is not responding to family court can be very frustrating, and it is essential to take a significant step to conclude such situations.

This article guides you in dealing with a situation where the respondent is not responding, and the case is not concluding. You must follow the steps mentioned below to get a result in your case. Moreover, you must hire a professional to look into the legal matters on your behalf. A family lawyer is always the best choice to deal with cases related to family court.

What Will Happen If a Party Doesn't Show up?

When someone knows they should be in court but doesn't show up, the court can choose what to do next. It might cancel the case, put it off, or make the right decisions, like what's best for any kids involved. If the person who started the case is there but the other person isn't, the court might wait a bit to let the other person join in.

But if that person keeps missing without sending any word, the court will go ahead and make decisions, probably in favor of the one who's there. Going to court is essential, even if you still need to answer the case papers. The court might allow you to catch up and tell you how to get help with your paperwork.

What Steps You Should Follow if The Other Party Won't Respond?

There are cases in lawsuits when the opponent doesn't respond to any of the legal actions taken against them. Here are some steps you can take if the other party doesn't respond.

Get in Touch With A Family Lawyer

Getting a family lawyer to send a letter gets the other person's attention and shows you're ready to sort things out. It also warns them that ignoring the issue could lead to a court case. Suppose there's a big problem like the bank might take a child in danger or your house; you should ask the court for help immediately, not just send letters. If this happens, talking to a family lawyer is essential.

Submit an Application In Court

If the other person ignores you, you can ask the family court to decide without hearing their side. This is called an 'undefended' case. But first, you must prove that you've told them about the court case and tried to talk to them. The court usually likes to hear both people's stories before deciding.

So, they'll give the other person enough chances to explain their point of view and what they want. It's all about fairness, and ensuring everyone has a say before the court decides what's best.

Final Undefended Orders

Even if the other person isn't responding, the court needs to be sure that what you're asking for is good for the kids or fair for property sharing. You can't just win because they're not there. If you don't show enough proof, the judge might not think your request is proper, which could slow things down. The judge may even ask you to speak in court.

To strengthen your case, get a family lawyer's help to gather all the critical proof, like expert opinions on how much things are worth or the kids' living situation. This way, you can tell the judge why you should get what you're asking for.

Final Thoughts

It's like hitting a wall when you're stuck in a family court case, and the other person won't respond. But keep hope! Remember, the court's there to help sort things out. The court wants what's best for everyone, especially the kids. So, if the other person keeps silent, you'll need to show the court why your side of the story is fair.

A family lawyer can be your best friend if you are feeling ignored. Aussie Legal Partners has the best family lawyers in Parramatta, Sydney to help you out. They can send a strong message to the opponent party and even help speed things up in court. So, contact our lawyers to ensure your case is in the right hands.

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About the Creator

Leo Arthur

Hi! I'm Leo Arthur. I work as a legal adviser at Aussie Legal Partners. I'm really good at figuring out legal problems and making plans to solve them.

https://aussielegalpartners.com.au/

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