When relationships break down, it’s not always possible to sort out between yourselves where the children will live. In situations like this, the family courts in England and Wales provide a structured way to resolve disputes, with the child’s welfare at the centre of all decisions. But what are family court hearings, what do they deal with, and when might you find yourself involved in one?
What Do Family Court Hearings Cover?
One of the most common reasons for attending family court is to determine where a child will live and how much time they will spend with each parent.
However, not all family court matters involve parents. Sometimes other family members, such as grandparents, may apply to the court to spend time with their grandchildren.
A court hearing may also be necessary if the parents cannot agree on decisions relating to their child’s education or medical interventions.
When Do Family Court Hearings Apply?
Family court hearings are generally a last resort, used when there’s no other way to resolve issues.
Many families are encouraged to use mediation first to avoid the stress and expense of court proceedings. However, a hearing may be necessary if discussions break down or fail altogether.
If there are serious concerns about a child’s safety, for example, that they are at risk of harm, a court hearing can be urgently arranged to make protective decisions or to cease contact while further investigations are undertaken.
Key Terms You Might Encounter
Understanding some of the standard legal terms can help make the process feel less overwhelming:
• First Hearing Dispute Resolution Appointment (FHDRA): This is a preliminary hearing designed to explore whether an agreement is possible and identify what issues remain.
• Dispute resolution hearing (DRA): The purpose of this hearing is to identify what issues still need to be determined and what issues can be resolved, with the emphasis being on a resolution and avoiding the need to attend a final hearing. However, if this is not possible, the court will list a final hearing and set down a timetable for what each party needs to do and when, such as preparing a witness statement (these are called directions).
• Final Hearing: This is the last stage of the court proceedings (if no agreement can be reached earlier). During this hearing, both sides present their evidence and arguments, and the judge will make a final binding decision.
- Fact-Finding Hearing: In complex cases, particularly where there are serious allegations (such as domestic violence), a fact-finding hearing may be held to determine what happened before decisions are made about the child’s future. This hearing is solely focused on establishing key facts and would usually take place after the FHDRA.
• Child Arrangements Order: A court order deciding who a child will live with, spend time with, or otherwise have contact with.
• Prohibited Steps Order: An order preventing a parent from carrying out specific actions concerning a child, such as taking the child abroad without the other parent’s permission.
• Cafcass: The Children and Family Court Advisory and Support Service – a key organisation that advises the court on what arrangements would be in the child’s best interests. Cafcass officers often meet with parents and children during the court process.
- Section 7 report: This is a report ordered by the court and is prepared by Cafcass. The sole purpose of this report is to provide the court with an independent assessment of the children’s welfare, with a focus on the children’s wishes and feelings. The report will make recommendations to the court to help them decide what arrangements are in the children’s best interests.
Guardian: Guardians are qualified social workers and are appointed by the court to represent the rights and interests of a child in the court proceedings. This may be necessary where there are complex and significant issues in dispute or where a child’s wishes and feelings cannot be adequately represented by their parent (such as parental alienation).
Final Thoughts
While family court hearings can feel daunting, they exist to ensure that the best and fairest decisions are made when it’s not possible to agree privately. The court aims to support families in difficult times, always keeping the child’s welfare at the heart of every decision.
Need Advice About a Family Court Hearing?
If you’re facing a family court hearing or need advice on your situation, having the right support is essential. Contact your solicitor today to find out how we can assist you.
About the Author
Pippa Marshall is a Partner and Head of Family Law at RIAA Barker Gillette.
She is a family law and divorce specialist with over 15 years of experience.
Pippa has exceptional client care skills and extensive knowledge and experience in divorce and financial remedy matters, children’s matters, emergency injunctions, and the dissolution of civil partnerships. Pippa can also help you with pre- and post-marital nuptial agreements.