Your hearing is set for next Tuesday, and something real got in the way: surgery, a military deployment, papers you received only three days ago, or a key witness who can’t be there. A continuance in family court is the formal way to ask the judge to move a hearing to a later date.
The single most important rule: a hearing isn’t postponed until the court says so. A text from the other parent saying “fine with me” doesn’t move it. Here’s how continuances generally work, what judges tend to weigh, exactly how to ask, and sample wording you can adapt.
What is a continuance, and who decides?
A continuance is a court-approved postponement of a scheduled hearing or trial. The judge decides, usually with broad discretion, based on the reason given and the effect a delay would have on the case and the child.
In some courts, the clerk or court staff can reschedule a hearing when both parents agree, without the judge holding a hearing on it. In others, every continuance needs a written motion and a signed order. Your local rules or the clerk’s office will tell you which applies.
Don’t confuse a continuance with a short break during a hearing (a recess) or with the judge “taking the matter under advisement,” which means the hearing happened and the decision is coming later.
What reasons do judges usually consider?
Judges tend to look at whether the reason is real, whether it was outside your control, and whether you asked promptly. Every court is different, but these patterns are common.
| Often taken seriously | Usually a harder sell |
|---|---|
| Serious illness or a medical emergency, with documentation | Not being ready, with no explanation |
| Papers received too late to respond fairly | Wanting more time after months of notice |
| A subpoenaed key witness who can’t attend | A work conflict you knew about for weeks |
| Military duty or a similar obligation | Repeated requests in the same case |
| Time to hire a lawyer, early in the case | Hoping the other parent will change their mind |
| A pending evaluation or report the hearing depends on | A same-day request for a reason known earlier |
Judges also weigh the other side of the scale: how a delay affects the child, whether it harms the other parent, and how many continuances the case has already had. In custody matters, delay itself has a cost, because children live under temporary arrangements while the case waits.
What if you just need more time to prepare?
This is one of the most common reasons parents want a continuance, and on its own it’s often a weak one. It tends to help to be concrete: name exactly what’s missing, why you couldn’t get it sooner, and when you expect to have it. “I subpoenaed the school’s attendance records on [date], and the school has told me they won’t be ready until [date]” gives a judge something to evaluate. “I need more time to get ready” doesn’t. If you’ve had plenty of notice, a request based only on needing more time is often a hard sell, so keep preparing in case it’s denied.
How do you ask for a continuance?
Ask early, in writing, with a specific reason and proof. Check first whether the other parent agrees, unless a protective order or safety concern makes contact inappropriate.
- Act the day you know. The earlier you ask, the more options the court has and the more reasonable your request looks.
- Check your court’s process. Look for a continuance form, a deadline for requests, and whether agreed requests can be handled without a hearing.
- Contact the other parent or their lawyer. Ask in writing whether they agree. An agreed (stipulated) request is often simpler for the court to handle. If a protective order limits contact, don’t reach out; ask the clerk how to proceed.
- Write the request. Include the case number, current hearing date, the specific reason, supporting proof, how much time you need, dates you’re available, and whether the other side agrees.
- File and serve it. File with the clerk, serve the other party, and ask how and when it will be decided.
- Get the new date in writing. Don’t rely on a phone call. Look for a signed order or an updated notice of hearing.
- Keep preparing. Until you have that written confirmation, prepare as if the hearing is still on.
The mechanics of filing and serving are the same as for any other request; our guide on how to file a motion in family court covers them step by step.
What does a continuance request sound like?
Short, specific and factual. Adapt these samples to your situation and to your court’s form.
Message to the other parent
“Hi [Name]. I had surgery on [date], and my doctor has restricted me from driving until [date]. I’m going to ask the court to move our [date] hearing by about three weeks. Would you agree to a continuance? I’m available [dates]. Please let me know by [day] so I can tell the court either way.”
Sample request paragraph
“Respondent requests a continuance of the hearing currently set for [date] at [time]. On [date], Respondent underwent [procedure] and is medically restricted from travel through [date], as shown in the attached note from [provider] (Exhibit A). This is Respondent’s first request for a continuance. On [date], Respondent asked Petitioner whether Petitioner would agree; Petitioner [agreed / did not agree / has not responded]. Respondent requests a new hearing date after [date] and is available on [dates].”
What if the emergency happens on the day of the hearing?
Contact the court immediately, before the hearing time if at all possible. Call the clerk or the courtroom, explain briefly, and ask what they need from you.
- Ask whether you can appear by phone or video instead, which may avoid a postponement altogether.
- Write down who you spoke to, the time, and what they told you.
- If you’re allowed to contact the other parent or their lawyer, let them know too.
- File a written request with documentation as soon as you can afterward.
A friend or relative can sometimes let the court know you’re in the hospital, but someone who isn’t a lawyer generally can’t argue your case or make requests on your behalf.
Should you agree if the other parent asks for a continuance?
It’s your call, and it helps to think about your child rather than the conflict. Agreeing to a reasonable first request can build goodwill, and it costs little when nothing urgent is pending.
Before you answer, consider what a delay means in practice. Is the current temporary schedule working for your child, or is something urgent unresolved? Is there a school enrollment deadline, a safety concern or a pending move? You can agree with conditions, such as a short delay or specific dates, and put the agreement in writing. If you oppose the request, you can usually file a brief written objection explaining, with facts, how the delay would affect your child.
How do you use the extra time well?
A continuance buys time, and courts generally expect you to use it. Arriving at the new date in the same position as before can make any future request much harder.
- Put the new date, and every deadline counted from it, on your calendar the day you receive it.
- Check whether your subpoenas need to be reissued for the new date, and tell your witnesses; see how to subpoena witnesses and records.
- Finish organizing your exhibits and make your copies now.
- If you asked for time to get a lawyer, book consultations with a licensed attorney where you live right away. Limited-scope representation can be a lower-cost way to get help with just the hearing.
- Run through the night-before custody hearing checklist a week early so nothing surprises you.
When dates shift, it’s easy to lose track. The dashboard in Case Builder shows each case number with a countdown to the next court date, so a rescheduled hearing doesn’t sneak up on you.
