How behaviour in court can affect your family law case

Depp v Heard. Vardy v Rooney. These public court cases captivated audiences, with impressions of those involved likely to linger for years. While we may not be involved in such high-profile cases, the way we conduct ourselves in court is still scrutinised.

Courtroom conduct and its importance

When a family issue can’t be resolved out of court through methods like mediation or negotiation, the case may need to be taken to court. Family lawyers work closely with their clients to prepare them for the court hearing. This preparation goes beyond understanding the legal arguments – it involves equipping clients with the knowledge of how to present themselves in court.

Courtroom behaviour, such as rolling eyes, sighing, or even subtle body language, can be just as revealing as spoken words. These seemingly minor actions can expose emotions that contradict what is being said, potentially weakening your position in front of the judge.

What you may view as an insignificant gesture could be interpreted as hostility, frustration or a lack of respect – all of which can negatively influence how your case is perceived.

The way you conduct yourself can significantly affect the outcome, as it contributes to the overall impression you leave on the court, particularly when sensitive issues like child arrangements or financial settlements are at stake.

Preparation is key

I spend time with clients ahead of hearings, guiding them through what to expect, how to address the judge, and how to handle challenging moments, such as:

• What if I don’t know the answer?
• How should I react to false claims?
• Can I challenge something I disagree with?

This preparation helps clients feel more confident and ensures their actions aren’t misinterpreted.

The importance of behaviour in alternative disputes resolution

Good conduct isn’t only crucial in court; it’s equally important in alternative dispute resolution processes like mediation or arbitration. Hostile or uncooperative behaviour can hinder resolution and damage efforts to reach a mutual agreement.

Be honest and mindful

The number one rule for any client is: tell the truth. Honesty is essential. Second, be aware of how your actions will be perceived.

By remaining calm and composed, you help create an image of reasonableness and cooperation, which can work in your favour during the legal process.