Anyone can generally attend a family court hearing. The parties, their attorneys, the judge, and court staff are the people who need to be in the room; beyond them, family members, friends, reporters, and curious members of the public are usually free to sit in the gallery and watch. The main exceptions are cases involving child welfare, adoption, and specific hearings a judge has closed for a stated reason on the record.
The default comes from a broader rule about American courts. In Richmond Newspapers, Inc. v. Virginia, the Supreme Court held that the First Amendment protects the public’s right to attend court proceedings, and that a courtroom cannot be closed without an overriding interest supported by specific findings on the record.1Congress.gov. Amdt1.9.3 Access to Government Places and Papers Family court is no exception. A divorce trial, a child support modification hearing, and a property division dispute are all proceedings a stranger can walk in and observe.
The Parties and Their Attorneys
Two people are at the center of every family case: the petitioner, who filed, and the respondent, who answers. Both are typically required to appear for substantive hearings, meaning trials, contested motions, and anything producing a final order. Routine scheduling matters sometimes allow an attorney to appear alone, but for anything where testimony is taken or the judge needs to hear from the parties directly, personal attendance is expected.
Each side’s attorney attends as well. If you’re representing yourself, you fill both roles. You sit at counsel table rather than in the gallery, you speak when the judge recognizes you, and you follow the same rules of procedure a lawyer would.
The Judge and Court Staff
The judge presides and rules. A small group of court personnel keeps the hearing running: the court clerk manages the case file and official records, the bailiff maintains order and handles security, and the court reporter produces a verbatim transcript of everything said on the record. These are not optional attendees. They are part of the courtroom itself.
Court-Appointed Professionals
In cases involving children, you may see someone in the room who isn’t on either side. The most common is a guardian ad litem, an attorney appointed by the judge to investigate the case and advocate for the child’s best interests. Once appointed, a guardian ad litem is treated as a party. They have the right to attend every hearing, present evidence, and call witnesses. They don’t represent either parent.
Courts may also appoint custody evaluators, parenting coordinators, or mediators. These professionals attend when their findings are relevant, and judges sometimes have them testify about what they observed or recommended.
Family, Friends, and Members of the Public
Because the courtroom is presumptively open, you can bring a parent, a sibling, a friend, or a new partner to sit in the gallery during your hearing. Many people bring someone for emotional support during a difficult day, and that’s permitted. Some jurisdictions also allow a domestic violence victim to have a designated support person sit nearby, separate from the general gallery.
Every observer has to follow the court’s rules of decorum. Phones go off. Conversation stops when the judge is on the bench. Sighing, eye-rolling, whispering, and outbursts from the gallery are the kinds of things a bailiff will remove you for. Recording, photographing, or livestreaming a hearing is almost universally prohibited unless the judge grants specific permission.
Reporters can attend and take notes. Most jurisdictions restrict identifying children by name in any published report, and some judges impose broader restrictions on reporting the details of sensitive cases.
When a Hearing Is Closed
The open-door rule gives way in defined situations. Some categories of cases are closed by law in most states. Others get closed by the judge based on what’s about to come up in testimony.
Closed by Law
Juvenile dependency cases, where a child has been removed from a home due to abuse or neglect, are closed to the public in the vast majority of states. Adoption proceedings are similarly closed in most jurisdictions to protect the privacy of the child, the birth parents, and the adoptive family. Termination-of-parental-rights hearings typically follow the same confidentiality rules as the underlying dependency case.
Closed by the Judge
Even in an otherwise open case, a judge can clear the courtroom for a specific reason. Common triggers include testimony involving allegations of sexual abuse, domestic violence situations where the victim’s safety could be compromised by public exposure, and disputes where sensitive financial details such as trade secrets or business valuations would be aired. The judge has to articulate the reason on the record and can’t simply close the doors because the case is unpleasant. The closure must be narrowly tailored, meaning the judge should close only the portion of the hearing that requires it and reopen the courtroom afterward.
Witnesses and Sequestration
Witnesses are a special case. They’re allowed in the courtroom to testify, but they’re often kept out of it until their turn. Under the Federal Rules of Evidence and equivalent state rules, either party can ask the judge to exclude all witnesses from the courtroom so they don’t hear each other’s testimony.2Legal Information Institute. Federal Rules of Evidence Rule 615 – Excluding Witnesses This is called sequestration, and judges routinely grant it. The point is to prevent a witness from shaping testimony, consciously or not, based on what someone else said.
A sequestration order sends witnesses to a hallway or waiting area until the bailiff calls them in. They’re also prohibited from discussing the substance of their testimony with other witnesses. Two exceptions matter. A party to the case can’t be excluded even if they’re also a witness, and a person whose presence is essential to a party’s case, such as an expert who needs to hear testimony to give an informed opinion, can stay.2Legal Information Institute. Federal Rules of Evidence Rule 615 – Excluding Witnesses
If you’ve been subpoenaed as a witness in someone else’s family case, plan to wait. Bring something to read, arrive early, and don’t discuss the case with other witnesses in the hallway. A sequestration violation can get your testimony excluded entirely.
Children
Judges strongly prefer to keep children out of the courtroom during custody and divorce hearings, and most will instruct the parties not to bring the children who are the subject of the dispute. When a judge does need to hear from a child, the testimony usually happens outside the courtroom. Many states allow or require judges to interview children in chambers, a private office setting that strips away the formality of the courtroom. Some judges allow attorneys to be present during these interviews, others conduct them alone, and the practice varies by jurisdiction. The child’s statements are typically recorded and made part of the case file, but the child never has to sit in a witness box and face both parents in open court.
This rule is about the children at the center of the case. If you’re attending someone else’s hearing and need to bring a young child because you lack childcare, most courthouses won’t turn you away at the door, but the judge may ask you to make other arrangements if the child becomes disruptive.
Attending Virtually
Virtual hearings became widespread during the pandemic and have remained a permanent option in most family courts. Videoconference hearings carry the same legal effect as in-person proceedings, and courts can authorize remote participation at virtually any stage of a case. For parties and attorneys, remote attendance typically requires advance approval from the judge or a standing order permitting it for certain hearing types.
Public observers can watch virtual hearings in many jurisdictions. Some courts publish livestream links on their websites or maintain virtual courtroom directories where you can find hearings currently in session. Others require you to contact the clerk’s office and request a viewing link. The decorum rules carry over. Observers must keep the microphone muted and the camera off, and recording the stream is prohibited unless the judge says otherwise.
If you’re attending your own hearing remotely, treat it exactly like an in-person appearance. Find a quiet, private location with a neutral background. Dress as you would for court. Test your connection and audio beforehand. Judges have little patience for participants who join from a car, a noisy restaurant, or a bed.