We are aware that the legal system is full of terms you might not understand. They are often in Latin, which the barristers and solicitors are familiar with, but are difficult to follow if you are representing yourself.
Two of these terms are ‘Inter-Parte’ and ‘Ex-Parte’ hearings.
An ‘inter-partes’ hearing is a hearing on notice to both parties. This legal term means both parents are given advance warning of the date and time of the hearing and are both required to attend.
An ‘ex-parte’ hearing is a without notice hearing. This means that one parent has applied to the court and had a hearing without telling the other parent.
Despite the other parent not being told about the first hearing, the court will always arrange a second hearing, to which the other parent, the one who did not attend the first hearing, is asked to attend.
A without notice application and hearing about a child will only be allowed in very limited circumstances. This is usually where a child or adult may be harmed if the other parent is told.
A without notice hearing about a child by a parent is quite rare. Should you face yourself in that situation, please contact us and we can advise you on what to do.