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This entry was published on 2014-09-22
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SECTION 435
Procedure; adjournment; confidentiality of requests
Family Court Act (FCT) CHAPTER 686, ARTICLE 4, PART 3
§ 435. Procedure; adjournment; confidentiality of requests. (a)
Hearings are conducted by the court without a jury. The court may
adjourn the hearing to enable it to make inquiry into the surroundings,
conditions and capacities of the child, into the financial abilities and
responsibilities of both parents and for other proper cause. If the
court so adjourns the hearing, it may require the respondent to give an
undertaking to appear or in default thereof may commit him until the
hearing resumes.

(b) Hearings are conducted without a jury. The support magistrate may
adjourn the hearing in order to make inquiry into the surroundings,
conditions and capacities of the child and into the financial abilities
and responsibilities of both parents and for other proper cause
including a referral of issues required to be determined by a judge. If
the support magistrate so adjourns the hearing, the support magistrate
shall make a temporary order of support, pending a final determination,
and may require the respondent to give an undertaking to appear or in
default thereof may, subject to the provisions in section four hundred
thirty-nine of this act and confirmation by a judge, commit him or her
until the hearing resumes. The support magistrate shall enter an order
of support on default if the respondent fails to answer or appear after
having been properly served.

(c) Reports prepared by the probation service for use by the court at
any time prior to the making of an order of disposition shall be deemed
confidential information furnished to the court which the court in a
proper case may, in its discretion, withhold from or disclose in whole
or in part to the support magistrate, child's attorney, counsel, party
in interest, or other appropriate person. Such reports may not be made
available to the court prior to a determination that the respondent is
liable under this article for the support of the petitioner.