You look at the calendar and your stomach drops. The family court hearing was yesterday, or this morning, and you were not there. Now you want to know what happens if you miss family court in California, and what you can still do about it.
The short answer: the hearing usually goes forward without you. The judge can decide the request based on the papers and on what the other side says, and those orders can bind you. A missed hearing is not always the end of the story, though. California law gives you a way to ask the court to undo an order made because of a mistake or excusable neglect, and that request has a deadline of no more than six months.
What the Judge Can Do When One Parent Does Not Show Up
Most custody, visitation, and child support issues reach a judge through a Request for Order (form FL-300). The California Courts self-help guide tells the person who filed that if the other party does not show up at the hearing, “the judge will make a decision based just on what you filed.”
In plain terms, the judge hears one side. If you were the parent who stayed home, the judge did not hear your side, see your evidence, or hear your concerns. Orders on custody, a parenting schedule, or child support can still be made. Once they are signed, they are court orders you must follow.
The same guide warns that if you do not respond to a Request for Order, “the judge will decide without hearing from you.” A written response filed on time helps. Being in the courtroom is still the surest way to make sure the judge hears you.
If the Respondent Never Responded to the Case at All
Missing one hearing is different from never answering a case. If a parent is served with a petition for custody and support and does not file a response within 30 days, the court’s self-help guide explains that the other parent “can ask for a default.” If a default is entered, the guide says, the court will not let you file a response, and a judge can decide the case without you.
If you believe you were never properly served, that matters too. Our guide to in-person service of legal documents in California explains how papers are supposed to be delivered.
What Happens If the Parent Who Filed Does Not Show Up
Many people search for the opposite situation: the parent who asked for the hearing is the one who does not come. The court’s self-help pages do not list one automatic result for this, and what happens can vary from courtroom to courtroom.
If you were the parent who showed up, ask the courtroom clerk before you leave what happened to the request and whether a new date was set. If you were the parent who filed and missed it, call the clerk the same day. Do not assume your request is still waiting for you.
How to Find Out What the Judge Ordered While You Were Gone
- Call or visit the clerk’s office for the court where your case is filed. Have your case number ready.
- Ask for the minute order from the hearing date. A minute order is the clerk’s short record of what happened in court. Our post on minute orders in family law explains how it differs from the final written order.
- Watch for the Findings and Order After Hearing (form FL-340). The self-help guide explains that once the judge decides, the judge must sign a court order, and in some courts one of the parties prepares it on form FL-340.
- Follow any order that was made while you work on next steps. Ignoring it can create a second problem on top of the first.
The Six-Month Deadline to Ask the Court to Set Aside an Order
California Code of Civil Procedure section 473(b) lets a court relieve a party from a judgment, dismissal, order, or other proceeding taken against them because of “mistake, inadvertence, surprise, or excusable neglect.” The request must be made within a reasonable time, and in no case more than six months after the order was made.
Two parts of that rule matter most. First, you need a real reason, and the judge decides whether your reason is good enough. Reasons people raise include a hospital stay, a serious emergency, or never getting notice of the date. Second, a reasonable time can be shorter than six months. Waiting until month five can hurt you even though the outer limit has not passed.
Other rules and deadlines can apply to some family law judgments. If your missed date led to a final judgment, find out which rule applies before you count on six months.
Can You Be Arrested for Missing Family Court?
For most parents, the main risk of missing a custody or support hearing is that orders are made without them. An arrest warrant is a separate tool, tied to subpoenas and court orders to appear.
Code of Civil Procedure section 1993 lets a court issue a warrant to arrest a witness who fails to appear after being served with a subpoena, or a party who fails to appear as a court order required. Before issuing a warrant for a missed subpoena, the court generally must first send a failure to appear notice warning that a warrant may follow. If you received a notice like that, or papers for a contempt hearing, treat the next date as one you cannot miss.
What If You Missed Child Custody Mediation?
When custody or visitation is contested, Family Code section 3170 says the court “shall set the contested issues for mediation.” The self-help guide puts it simply: “You will be required to go to mediation before seeing the judge.” If you missed a mediation appointment, contact your court’s family court services office right away and ask how to reschedule before the hearing date.
Steps to Take Today If You Missed Family Court
- Call the clerk and get the minute order from the hearing.
- Write down why you missed the hearing, and gather proof, such as medical records or proof that you never received notice.
- Check whether a new date was set, and put it on every calendar you use.
- If an order was made, follow it while you decide whether to ask the court to set it aside.
- If you plan to file, do it as soon as you can, well inside the six-month limit.
If you need more time for a future hearing, the court’s guide explains that you and the other parent can sign an agreement on form FL-308 for a judge to approve, or you can ask the judge for a new date on form FL-306. Until you have a new date in writing, plan to attend the old one. If the other side asks for a fast hearing on short notice, read what to do when you have been served with an ex parte application in California.
Common Questions About Missing Family Court
What happens if the respondent does not show up to family court?
The hearing can go forward without the respondent. The court’s self-help guide says that when the other party does not show up, the judge will decide based on what the filing party filed. The orders made that day still apply to the parent who stayed away.
What happens if I miss my child support court date?
When child support is raised in a Request for Order, the judge can still set or change support without hearing from you. Get the minute order right away, follow the order, and decide quickly whether you have a real reason to ask the court to set it aside under section 473(b).
Will missing one hearing make me lose custody?
Not automatically, but it can change things. The judge can make custody or visitation orders without your input, and those orders stay in place until a court changes them. Acting fast gives you the best chance to be heard next time.
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ATTORNEY ADVERTISING. This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and prior results do not guarantee a similar outcome. Responsible attorney: Jasmine Mines (State Bar No. 331135), Mines Law Firm, 468 N. Camden Drive, Suite 200, Beverly Hills, CA 90210.