What happens at a final hearing in a child arrangements case?

A final hearing is the last resort in child arrangements proceedings. It happens when the parties have been unable to reach agreement at any earlier stage and the court must make a decision. The judge hears evidence from both parties, considers all the relevant reports and documents, and makes an order. Unlike the earlier hearings, which are focused on process and encouragement of settlement, the final hearing is a substantive decision-making exercise.

When does a case reach a final hearing?

Most child arrangements cases settle before a final hearing. Cases that reach this stage typically:

1. Involve a genuine and unresolved dispute about where a child should live or the nature and extent of contact that cannot be resolved through negotiation or at the DRA.
2. Require a judge to weigh conflicting evidence, for example where the parties give significantly different accounts of events or the child's circumstances.
3. Follow a fact-finding hearing where findings have been made that need to be applied to the question of arrangements.
4. Involve a Section 7 report recommendation that one party strongly disagrees with.

Final hearings in contested child arrangements cases are listed for at least half a day and often a full day or more, depending on complexity.

What happens at a final hearing?

1. Each party has already filed their witness statements and any other evidence directed by the court. The statements stand as their evidence in chief, meaning the judge reads them rather than requiring them to be read out in court.
2. The judge invites each party to confirm their statement is true and give any brief additional oral evidence they want to add.
3. Each party can be cross-examined by the other party or their legal representative on their evidence. This is one of the most challenging aspects for self-represented parents. Courts manage cross-examination carefully, particularly where there are domestic abuse allegations.
4. If the CAFCASS officer is required to attend, they give evidence and can be questioned on the Section 7 report.
5. Each party makes closing submissions, summarising their case and what order they say the court should make.
6. The judge delivers a judgment, either on the day or at a later date, setting out their findings and the order being made.

What evidence does the judge consider?

1. The witness statements filed by each party.
2. The CAFCASS Section 7 report, including the officer's recommendations.
3. Any other expert evidence directed by the court, for example a psychological report.
4. Findings from any previous fact-finding hearing.
5. What each party says in cross-examination and closing submissions.
6. The welfare checklist under section 1(3) of the Children Act 1989, applied to all the evidence before the court.

What order can the judge make?

The judge can make any order available under section 8 of the Children Act 1989, including:

1. A child arrangements order specifying where the child lives and who they spend time with.
2. A specific issue order deciding a particular question about the child's upbringing.
3. A prohibited steps order preventing a specific action.
4. In some cases, a no order decision, where the judge decides that making an order is not in the child's best interests and the status quo should continue without one.
5. In cases where there has been significant litigation conduct, an order under section 91(14) of the Children Act 1989 requiring the party who has behaved unreasonably to seek the court's permission before making further applications.

Can I still settle at the final hearing?

Yes. Cases do occasionally settle on the day of a final hearing, either in the morning before the hearing begins or during an adjournment. If both parties reach agreement during the final hearing, the judge can record the terms as a consent order and the full hearing does not need to proceed. Courts encourage this and will generally facilitate a settlement discussion if the parties indicate they want to try.

What if I disagree with the judge's decision?

If you believe the judge made an error of law or reached a conclusion that no reasonable judge could have reached on the evidence, you can seek permission to appeal. Appeals in family cases are subject to strict time limits and require permission. They are not a way to re-argue the case because you disagree with the outcome. If circumstances change significantly after the order is made, the route is a variation application, not an appeal.

Going through a final hearing without a solicitor is the most demanding point of child arrangements proceedings. Access to Justice is built for people in exactly this position, it helps you understand what to expect and prepare for what is coming. Try it free.

Frequently asked questions

Do I have to give evidence at my own final hearing?

You will usually be expected to confirm your witness statement and may be cross-examined on it. Courts make some allowances for self-represented parties but generally expect both parties to engage with the evidence process. Your written statement stands as your evidence in chief, so the judge reads it rather than requiring it to be read aloud.

Can my child give evidence at a final hearing?

Children very rarely give direct evidence in family court hearings. Their views are more commonly conveyed through the CAFCASS report. In exceptional cases a judge may speak with a child directly, but this is uncommon and only done with care and appropriate safeguards.

Can I bring a McKenzie friend to my final hearing?

Yes, subject to the court's agreement. A McKenzie friend can sit beside you, take notes, and advise you quietly. They cannot speak on your behalf unless the judge grants them rights of audience. See our dedicated article on McKenzie friends for more detail.

How long will I have to wait for a final hearing to be listed?

After the DRA, final hearings in contested cases are commonly listed several months later due to court capacity. It is not unusual for a final hearing to be listed four to six months after the DRA, or longer in busy court areas.

What if the other party doesn't attend the final hearing?

If the respondent has been properly served with notice of the hearing and fails to attend, the court can proceed in their absence. The judge has discretion to adjourn where there is a good reason for the absence. Where the court does proceed, it still applies the welfare checklist to all the evidence before it.

What is a section 91(14) order?

A section 91(14) order requires a named party to obtain permission from the court before making further applications in relation to the child. Courts make these orders where one party has made repeated and vexatious applications, causing harm through the litigation process itself. They are not routine but are used where a pattern of litigation misconduct is established.

This article provides legal information about child arrangements proceedings in England and Wales. It does not constitute legal advice. For advice about your specific situation, speak to a qualified solicitor.