Live Testimony in Los Angeles Family Court: What to Expect at a Family Law Hearing

If you have a family law hearing scheduled in Los Angeles County, you may be wondering whether you will actually testify before the judge or whether the court will decide the matter based primarily on the written declarations and evidence submitted by the parties.

California family law hearings can involve live testimony, and understanding how that process works can help you better prepare for court.

Live Testimony Under California Family Code § 217

California Family Code § 217 generally requires the family court, at a hearing on an order to show cause or notice of motion, to receive relevant and admissible live testimony unless the parties stipulate otherwise or the court finds good cause to refuse live testimony.

This is important because family law disputes frequently involve contested facts that cannot necessarily be resolved by simply reading competing declarations.

For example, the parties may disagree about what occurred during a custody exchange, who has historically been responsible for caring for the children, the circumstances surrounding a financial transaction, or whether one party has complied with an existing court order.

Live testimony gives the court an opportunity to hear directly from the parties and, when appropriate, other witnesses.

What Happens When You Testify in Los Angeles Family Court?

Testifying in a family law proceeding is different from simply explaining your position to the judge.

A witness is placed under oath and questioned about facts relevant to the issues before the court. The attorney who calls the witness generally conducts the initial questioning, known as direct examination. The opposing attorney then has an opportunity to conduct cross-examination.

The judge may also ask questions.

The California Evidence Code applies to testimony and evidence presented in family court. This means that not everything a party wants to tell the judge is necessarily admissible.

Proper preparation can therefore be particularly important when significant issues are being decided.

Live Testimony in Child Custody Hearings

Live testimony can be especially important in contested child custody proceedings in Los Angeles.

Los Angeles family courts deciding custody matters must focus on the best interests of the child. Depending upon the issues presented, testimony may concern matters such as:

• Each parent’s historical involvement in the child’s care;
• The child’s existing routine and stability;
• Parenting schedules and exchanges;
• Communication and co-parenting between the parents;
• School, medical, and extracurricular decisions;
• Allegations affecting the child’s health, safety, or welfare; and
• Compliance with previous custody orders.

The importance and extent of testimony will depend upon the circumstances of the particular case.

Live Testimony in Child and Spousal Support Hearings

Family Code § 217 is not limited to custody disputes.

Live testimony may also be relevant when the court is deciding financial issues such as child support or spousal support.

For example, testimony may be necessary where the parties disagree about income, employment, earning capacity, business income, expenses, marital standard of living, or other financial circumstances relevant to the requested orders.

Financial cases also frequently involve documentary evidence, including income and expense declarations, tax returns, pay statements, bank records, business records, and other financial documents.

How Much Time Will the Court Allow for Testimony?

A family law hearing is not necessarily a full-day trial.

Los Angeles family courts manage substantial calendars, and the amount of time available for a particular hearing can vary considerably. The court may impose reasonable limitations on the presentation of evidence and testimony.

For that reason, effective family law advocacy requires more than identifying every possible fact that might relate to the dispute. An attorney must determine which evidence is most important, which witnesses are necessary, and how the relevant facts can be presented efficiently and persuasively.

In more complicated matters, the court may require additional hearing time or set the matter for a longer evidentiary hearing or trial.

Preparing to Testify in Family Court

If you are expected to testify, preparation is important.

A witness should be familiar with the important dates, events, communications, and documents involved in the dispute. At the same time, testimony should not sound memorized or rehearsed.

A credible witness listens carefully to each question, answers the question actually asked, and avoids speculation or unnecessary argument.

Cross-examination can also be an important part of a contested family law hearing. Statements made in declarations, emails, text messages, deposition testimony, discovery responses, and other evidence may become relevant when a witness testifies.

Do You Need an Attorney for a Los Angeles Family Court Hearing?

California permits individuals to represent themselves in family court, but contested hearings can involve significant procedural and evidentiary issues.

This is particularly true when the court is being asked to make orders involving child custody, move-away requests, substantial child or spousal support, attorney’s fees, property disputes, or other significant financial issues.

An experienced Los Angeles family law attorney can help identify the evidence necessary to support a client’s position, prepare witnesses for testimony, conduct direct and cross-examination, address evidentiary objections, and present the issues to the court in an organized manner.

Los Angeles Family Law Representation

Atighechi Law Group, P.C. is a Beverly Hills family law firm representing clients in complex and contested family law matters throughout Los Angeles County.

Maryam Atighechi is a Certified Family Law Specialist and experienced family law litigator. The firm represents clients in matters involving divorce, child custody, child and spousal support, property division, prenuptial agreements, and other California family law disputes.

If you are preparing for a family law hearing in Los Angeles County, obtaining legal advice before the hearing can help you understand the issues before the court, the evidence that may be required, and what to expect when your matter is called.