What you should expect going to court in children proceedings

Attending court about your child can feel daunting, especially if it is your first experience of the family courts. Understanding what to expect at each stage can make the process less overwhelming and help you prepare with confidence. Most private law children cases follow a similar pattern, starting with the First Hearing Dispute Resolution Appointment (FHDRA), then a Dispute Resolution Appointment (DRA), and finally a Final Hearing. This Keynote explains what happens at each step so you know what to expect, how to prepare, and what the court will be looking for.

What to expect at the First Hearing Dispute Resolution Appointment (FHDRA)

If you have applied for a standard Child Arrangements Order (CAO) – and there are no allegations of domestic abuse or safeguarding concerns – the court will list a short first hearing called a First Hearing Dispute Resolution Appointment (FHDRA). This typically takes place 4–6 weeks after your application is processed by the court. Both parents must attend, along with any legal representatives, and typically, a Cafcass officer (Children and Family Court Advisory and Support Service).

Before the hearing: safeguarding checks

Even in standard cases, Cafcass will carry out safeguarding checks before the FHDRA. These include:

• A short phone call with each parent;
• Checks with the police and local authority;
• Asking both parties whether they have any concerns about the child’s welfare.

These checks are summarised in a safeguarding letter sent to the court and both parents before the hearing.

What happens at the FHDRA hearing?

The FHDRA typically lasts around one hour. Its purpose is to help the court understand the issues in dispute, any safeguarding concerns, and to see whether agreement can be reached – either in full or in part – without the need for further litigation.

At the FHDRA:

• The judge and Cafcass officer will identify the issues and encourage discussion;
• If an agreement cannot be reached, the court will give directions to prepare the case for the next stage.

These directions usually include:

• Preparing and exchanging witness statements;
• Asking Cafcass to prepare a more detailed section 7 report;
• Setting a timetable for the next hearing, usually a Dispute Resolution Appointment (DRA) or, in some cases, a Final Hearing.

This guidance assumes that your case does not involve safeguarding or domestic abuse allegations. Where there are concerns about these matters, the court may instead list a Fact-Finding Hearing before deciding how best to proceed.

What to expect at a Dispute Resolution Appointment (DRA)

If you were unable to resolve child arrangements at the First Hearing Dispute Resolution Appointment (the FHDRA), the court will typically list a Dispute Resolution Appointment (DRA).

The DRA is a key opportunity to resolve matters without proceeding to a Final Hearing. It is still part of the court’s case management process, but with greater focus on reaching an agreement based on the evidence now available.

What happens at the DRA?

At the DRA:

• The judge will identify the remaining issues and consider any updates since the FHDRA;
• If Cafcass has prepared a section 7 report, the court may ask whether both parties accept its recommendations;
• The judge may allow short oral evidence if this helps to clarify the key points;
• If agreement is reached, a final order can be made there and then;
• If no agreement is reached, the judge will give final directions for the Final Hearing.

These directions might include:

• Permission to file further evidence or responses to Cafcass recommendations;
• Fixing the Final Hearing date;
• Confirming whether the Cafcass officer or any other witnesses need to attend the Final Hearing.

DRA hearings are usually listed for around one hour. However, parties are typically expected to arrive at court at least an hour beforehand to allow time for discussions outside the courtroom, which may help narrow or resolve the remaining issues.

This guidance assumes that your case does not involve safeguarding or domestic abuse allegations. If your case does involve such issues, the court may have listed or concluded a Fact-Finding Hearing before reaching this stage.

What to expect at a Final Hearing

If agreement has not been reached at earlier stages, your case will be listed for a Final Hearing. This is where the court typically hears live evidence from the parties and makes a legally binding decision about your child’s living and contact arrangements.

At the Final Hearing:

• Both parents typically give oral evidence and are cross-examined on their written statements;
• The Cafcass officer usually attends to give evidence, if their report is disputed or the court requests it;
• The judge will listen to both sides, consider the evidence, and apply the welfare checklist from the Children Act 1989;
• The judge will then make a final and legally binding Child Arrangements Order setting out who the child is to live with and spend time with, and any other related matters.

You must attend the hearing. If you have a solicitor or barrister, they will speak on your behalf. If you are representing yourself, the judge will guide the process but expect you to present your case clearly and respectfully.

Final Hearings are typically listed for a full day, or more, but the length will depend on the complexity of the case, the number of witnesses, and court availability.

This guidance assumes that your case does not involve safeguarding or domestic abuse allegations. If your case involves safeguarding issues, a different structure – including Fact-Finding Hearings – may apply.

Will the judge follow the Cafcass recommendations?

While the judge is not bound by the Cafcass report, the court does give it considerable weight. If you disagree with the report, it is important to provide clear, focused evidence to explain why another arrangement would better serve your child’s welfare.

If you have questions or concerns about children proceedings, please contact Yasmin Khan-Gunns and Grainne Fahy.