I often encounter this question during consultations: “What if they don’t show up at the hearing?”

In civil and family law proceedings, the matters are before the court. The court, bound by the fundamental principles of justice, must determine whether procedural fairness is observed.

If the court is of the opinion that the absent party has received proper notice and there’s no legitimate excuse for their absence, the court may instruct the other party to proceed on an unopposed basis. They then must convince the court that on the balance of probability, the present party is entitled to the relief sought.

On the other hand, if the court is not convinced that the absent party has received proper notice, or believes they have legitimate excuses, the court may decide to adjourn the proceeding to a future date. The attending party, however, may be entitled to costs for their attendance.

Note: Please keep in mind that this article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. The law may have changed since the publication of the article.