What Happens If One Parent Doesn't Show Up To Court

What happens if one parent doesn’t show up to mediation? – Cfdrgroup

Going to court to settle parental disputes can be stressful, even if both parents agree. Unfortunately, that stress multiplies exponentially if one parent doesn't show up. Dreading the outcome, you may be wondering if missing the hearing is your ex-spouse’s way of getting what they want or if they're trying to avoid taking responsibility for the situation. In any case, if your attendance isn't accompanied by the other party, here’s what you can expect from the court.

What Will the Court Do if One Parent Doesn't Show Up

When you initially asked the court to settle your parental dispute, it was done in the interest of both you and your ex-spouse. The court is bound by its legal authority which compels it to obtain a resolution which will best serve the interest of both parties. Therefore, the court won't rule in your favor simply because your ex-spouse opted to stay away from the hearing.

Instead, courts take any non-attendance as an opportunity to seek out other channels that can bring out the truth faster. At times, this can involve the appointment of an independent lawyer who will act as an advocate for the non-present parent. This individual is in charge of looking out for your ex-spouse's legal interests and feeding their views into the proceedings.

Why is the Court Inclined to Hear Both Parties Before Making a Ruling?

Most courts feel that it’s only fair to give both parties the chance to provide their side of the story - even when one parent doesn't show up. Other than keeping the peace between the parents, this hearing lets the “missing” parent give evidence that will help shape the ruling. To increase their chances of obtaining a fair resolution, the courts tend to do the following:

Send out notices that the hearing is to proceed as scheduled, given the other parent's non-attendance.
Take both parent’s evidence into consideration.
Look at any compelling evidence that the missing parent supplies at a later date to support their claims.

Can You Proceed Without Your Co-Parent?

Courts typically advise parents against making any decisions concerning their children when one parent doesn't show up. Generally, doing so involves the court taking evidence from the present parent and ruling the case based on the best interests of the child. In light of this, it is best that you leave any final decisions to more capable channels, such as a mediator or even the court.

If you chose to proceed without the missing party, there's a risk that the judge might suggest new solutions to the dispute every time they realize one party is absent. Hearings of this kind take longer than scheduled allowed time and can even take up to a year or two to rule the case.

Can You Request for a Default Judgment

In certain situations, parents can apply for an “Order of Default” of their ex-spouse's rights. This is done when the court is confident that ruling in favor of the defaulting party would be in the best interests of the child. This ruling is made after:

The court is confident that the missing parent has knowledge of the hearing.
They rule that ordering the present parent would be in the child’s best interests
The missing parent doesn’t show up for the hearing or provide any evidence on the ruling.

What if I Don't Agree With the Default Order?

When a court finds the defaulting party in default, the present parent can be seen as beneficial. This is because the present parent is in total control of the situation. However, this doesn’t mean that the defaulting party shouldn't have their day in court, should they wish to dispute the ruling.

Given this, the court allows the defaulting parent to lodge a complaint against the default order. This happens on the condition that that they produce evidence that supports their claims. Should the court finds this evidence to be valid, they can reverse the order.

What Do I Do if One Parent Doesn't Show Up?

While the court shall allow for another form of Child’s Best Interests hearing should one parent doesn't show up, this doesn't mean that you should take things lightly. To increase your chances of success, it is best that you:

Stay well informed on state-specific laws that deal with the hearing.
Collect information from reliable sources to act as a support should your ex-spouse ignores the invitation.
Obtain legal representation before the hearing to help you stay on track.
Always remain focused on the best interests of the child.

Take Away

Dealing with a tough family situation, such as parental disputes, can be daunting. However, missing a court hearing in protest of your current condition is not the best way out. For the best interests of both you and your child, it is best that you remain ready to attend the hearing and present your case before the court.

Regardless of the fact that one parent doesn't show up, courts are inclined to listen to both sides of the story before issuing their ruling. Therefore, presenting evidence that highlights your past good parenting skills and continuity is key. Speaking with reliable legal experts on the matter can also help you land the best possible outcome.