What Happens If You Miss a Court Date in Family Court?
Family Law
Family court requires a certain level of professionalism and punctuality. If you miss any of your court dates, it can lead to serious repercussions. A missed court date can affect the outcome of your case, jeopardize your rights to see your child, and lead to financial consequences.
The best option is to reschedule your court date so that you don’t have to miss it. While the court doesn’t prefer rescheduling, it can reschedule your appointment in the event of an emergency. However, this has to be done as soon as possible before the court date through a petition.
Learn more by talking to your lawyer about your options if your schedule makes attending your court date impossible.
The Consequences of Missing Family Court Dates in PA
While the family court process can vary based on the type of case involved, all types of family court cases will require you to appear before the court. Your appearance is especially important in contested cases where your evidence and testimony have a huge impact on how the judge perceives your commitment.
At the very least, not attending your court date means you won’t have a chance to advocate for your case. Instead, the judge will only get to hear the other party’s side. If your ex presents evidence or testimony that is untrue, you won’t be able to argue against it.
In addition, missing a court date is considered contempt of court. Attendance is considered a court order, so not attending is a direct violation. If the judge wants to, they can hold you in contempt of court and issue a bench warrant. At this stage, law enforcement can arrest you and force your attendance at hearings.
The exact punishment for a missed court date can vary based on the type of case. In a support hearing, the court may determine the amount of child or spousal support without your input. For custody cases, the other parent may receive sole custody. Meanwhile, the terms of divorce proceedings may be in favor of the other spouse if you’re not there to argue your side.
How Do You Find Out If You Missed Your Court Date?
While each Pennsylvania county is a little different, you’ll typically find out about missing a scheduled court date in three different ways. The court may hand you a notice in person, send out the notice by mail, or use a process server to deliver the notice.
Am I Responsible for Missing Court Dates If I Move?
Absolutely. Even if you move and are unable to receive notifications about missed court dates or other details at your old address, Pennsylvania courts will still hold you responsible for missing a court date. The court considers it your responsibility to stay informed about your court date and legal obligations, so missing a notice isn’t considered an excuse.
What To Do If You Miss Your Family Court Date
If you miss your court date, don’t delay. You need to immediately take action and call your attorney. Additionally, call the court to find out the status of your case and if any decisions were reached on the day you missed court.
File a Motion
Next, you need to file a motion with the court to either reschedule or reopen your case. In Pennsylvania, this is generally done by filing a petition to open the case or to vacate the judgment. In general, you are legally obligated to file this document within 30 days of the court order, so you need to move fast.
Collect Evidence of Your Emergency
The court does not view missed court dates positively. However, lenience can be given when a genuine emergency causes you to miss your scheduled hearing. In these instances, you should document the emergency by bringing in records from the emergency room, accident report, or similar situation. If there was a legitimate emergency, the court may be willing to reopen your case.
Avoid Future Problems
After a missed court date, you can’t afford to have future punctuality issues. To prevent problems, you should carefully read through any court notices that you receive. You need to keep your contact info and address updated, so you can receive notices in a timely way.
Then, add the appointment to your Google Calendar and any other calendars you may use. Set multiple alarms on the day of the hearing so that you wake up and get there in time. Because many Pennsylvania courts operate on schedule, you should always arrive early so that you don’t miss the start of the case or get counted as absent.
Reach Out for Professional Legal Help
If you do miss your court date, getting professional legal assistance is important. A missed court date can derail your case and cause the court to rule against you. By working with our top-rated family law attorneys, you can file a petition to reschedule the court date or to get your case reopened.
Our legal team assists clients in Newfoundland, Milford, Honesdale, Hamlin, Mount Pocono, Stroudsburg, East Stroudsburg, Wilkes-Barre, and the surrounding areas. We have years of experience assisting with all types of family law issues, so we’re your one-stop shop for legal help.
Find out more information by giving us a call at (570) 676-5212 today.
