What happens at the first hearing in a child arrangements case?

The first hearing in a child arrangements case is called the First Hearing Dispute Resolution Appointment, or FHDRA. It usually takes place within four to six weeks of the C100 application being issued. It is a relatively short hearing, typically 45 minutes to an hour, and its main purposes are to identify what the dispute is actually about, to see whether agreement can be reached, and to give directions for what needs to happen next if it can't.

What is the purpose of the FHDRA?

1. To identify the key issues between the parties and what orders, if any, the court is being asked to make.
2. To review the CAFCASS safeguarding letter and consider any concerns it raises.
3. To explore whether there is scope for agreement, either on an interim basis or permanently, and to facilitate that agreement where possible.
4. To give directions for the next stage if the case can't be resolved at this hearing, for example directing a Section 7 report, listing a Dispute Resolution Appointment, or, in contested cases with factual disputes, listing a fact-finding hearing.

Who is in the hearing room?

Usually the judge or magistrates, a CAFCASS officer (either in person or available by phone), the applicant, the respondent, and any legal representatives. The child is not present at the hearing.

What should I bring to the FHDRA?

1. Any documents you've been directed to file, which may include a position statement if the court has ordered one.
2. A copy of the CAFCASS safeguarding letter if you have received it.
3. A clear and realistic idea of what you are asking the court to do, and what you would consider agreeing to on an interim basis while the case continues.
4. Any relevant documents relating to safety concerns, such as police reports, medical records, or injunctions, if these are relevant to what the court needs to know at this stage.

You do not need to bring extensive bundles of documents to an FHDRA. It is not the stage for detailed evidence.

What actually happens in the hearing room?

1. The judge or magistrates introduce themselves and confirm the parties and their roles.
2. The court considers the CAFCASS safeguarding letter and raises any concerns it identifies.
3. The parties are asked to describe their respective positions: what they want, what interim arrangement is currently in place, and what the key points of disagreement are.
4. Where a CAFCASS officer is present or available, they may be asked for their initial view.
5. The court explores whether agreement is possible, either as a final resolution or as an interim arrangement while the case continues.
6. If agreement is reached, the terms are recorded as a consent order or an agreed recital and the case may be resolved at this stage.
7. If the case cannot be resolved, the court makes directions: what reports are needed, what statements each party must file, and when the next hearing will be.

What if there are safeguarding concerns?

If the CAFCASS letter identifies serious safeguarding concerns, or if one party raises them at the hearing, the court may deal with those as a priority before considering contact arrangements. In cases involving allegations of domestic abuse, the court will follow Practice Direction 12J, which sets out how the court approaches cases where domestic abuse is alleged, including considering whether a fact-finding hearing is needed before any contact arrangements are made.

What if the other parent doesn't attend?

If the respondent fails to attend, the court can proceed in their absence or adjourn the hearing. The court will generally want to be satisfied the respondent was properly served and knew about the hearing before proceeding without them.

Can I reach a settlement on the day?

Yes, and many cases do settle at the FHDRA, either fully or partially. If both parties can agree on an arrangement, the court can make it a formal order on the day, giving it legal force. Even a partial agreement, for example on interim contact while more detailed issues are worked out, can reduce the scope of the dispute and the number of future hearings.

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Frequently asked questions

Do I need a position statement for the FHDRA?

Check the notice of hearing or any directions already made. Some courts direct parties to file a brief position statement before the FHDRA. If no direction has been made, it is still good practice to prepare one as a personal aide-memoire even if you don't formally file it. Position statements in child arrangements proceedings are covered in detail in our article on what a position statement is and how to write one.

Will the judge read my evidence before the hearing?

At the FHDRA stage, there is typically limited evidence before the judge beyond the C100, the CAFCASS safeguarding letter, and any position statements filed. Don't assume the judge will have read any documents you sent in before the hearing, it's always worth briefly summarising your key points in the hearing room.

Can I bring someone with me to the hearing?

You can bring a McKenzie friend to provide support and take notes. A McKenzie friend cannot speak on your behalf unless the court grants them rights of audience, which is at the judge's discretion. Tell the court in advance if you intend to bring one.

What is Practice Direction 12J?

Practice Direction 12J sets out how the family court must approach cases involving allegations of domestic abuse. It directs courts to consider at the first hearing whether a fact-finding hearing is needed, what interim contact arrangements are safe, and what safeguards should be in place. Where domestic abuse is alleged by either party, this direction applies.

What if I'm scared of seeing the other parent at the hearing?

Tell the court. Many courts have arrangements for parties to use separate entrances and waiting areas, particularly where there is a history of domestic abuse or where one party feels unsafe in close proximity to the other. These arrangements need to be requested in advance where possible.

How long will the FHDRA take?

Most FHDRAs are listed for 45 minutes to an hour. In practice, additional time may be spent waiting to be called and in informal negotiations with the other party before going before the judge. Allow most of the morning or afternoon.

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.