What is a Dispute Resolution Appointment in child arrangements proceedings?

A Dispute Resolution Appointment, or DRA, is the second main hearing in most child arrangements cases. It takes place after the First Hearing Dispute Resolution Appointment (FHDRA) where the case couldn't be resolved, and after whatever directions were made at that first hearing have been complied with, for example after a CAFCASS Section 7 report has been prepared. The DRA is a focused hearing aimed at either resolving the case by agreement or, if that isn't possible, preparing it for a final hearing.

How is the DRA different from the FHDRA?

The FHDRA is an early procedural hearing with limited evidence before the court. The DRA happens later in the process, once more information is available, typically including the Section 7 report from CAFCASS, statements from both parties, and any other directed evidence. By the time the DRA is listed, the court has a much fuller picture of the case, which makes substantive resolution more realistic.

The DRA also carries a stronger expectation from the court that the parties will engage seriously with settlement. If the case doesn't resolve at the DRA and goes to a final hearing, the additional time, cost, and stress falls on the parties and the family, and judges are often direct about this at the DRA stage.

What happens at a DRA?

1. The judge reviews the evidence filed since the FHDRA, which typically includes the Section 7 report, witness statements, and any responses to earlier directions.
2. The CAFCASS officer may attend or be available to speak to the Section 7 report and answer questions.
3. The parties are invited to discuss whether agreement is possible, with the judge often playing a more active role than at earlier hearings in encouraging resolution.
4. If the parties reach agreement, the terms are recorded as an order and the case concludes without a final hearing.
5. If the case cannot be resolved, the court gives final directions for a final hearing, including filing timescales for any remaining evidence.

What does the judge do to encourage settlement?

At a DRA the judge often gives a view, directly or through questions, of how they see the case. This isn't a formal indication in the same way as at a Financial Dispute Resolution hearing in financial proceedings, but in practice many judges are direct about what they think the realistic range of outcomes is given the evidence before them. This can significantly affect the parties' positions. An experienced judge who says clearly that the evidence doesn't support the outcome one party is seeking changes the calculus of taking the case to a final hearing.

What should I file before a DRA?

Check the directions from your previous hearing carefully. Courts commonly direct parties to file:

1. An updated position statement setting out your current position on arrangements and what you're asking the court to order.
2. Any response to the Section 7 report, if you disagree with its findings or recommendations.
3. Any further witness statements directed by the court.
4. A bundle index or paginated bundle if the court has specified how the hearing papers should be organised.

What if no agreement is reached at the DRA?

If the DRA doesn't produce an agreement, the judge gives directions for a final hearing. These typically include the final filing deadlines for statements and evidence, a timetable for the hearing bundle, and the listing of the final hearing itself. Final hearings in child arrangements cases can take a full day or more depending on complexity.

What if there is a Section 7 report I disagree with?

If the CAFCASS Section 7 report makes findings or recommendations you consider inaccurate or unfair, you can challenge them. Options include:

1. Filing a written response before the DRA setting out your specific disagreements and the basis for them.
2. Raising your concerns directly at the DRA hearing.
3. In more significant disputes about the report's findings, the court can direct the CAFCASS officer to attend and give oral evidence, though this is relatively unusual.

Going through child arrangements proceedings without a solicitor is difficult, and the DRA is a particularly high-stakes hearing where the case often turns. Access to Justice is built for people in exactly this position, it explains what the hearing involves and helps you prepare for it. Try it free.

Frequently asked questions

Is a DRA the same as a Directions Appointment?

No. A directions appointment is any hearing focused solely on case management and procedural directions, without substantive discussion of the issues. A DRA comes later in the process and is specifically designed to attempt dispute resolution, with fuller evidence before the court — typically the Section 7 report, statements from both parties, and any other directed evidence.

Do I need a solicitor at the DRA?

You don't legally need one, but the DRA is one of the more demanding hearings for an unrepresented person because it involves engaging with the Section 7 report, making realistic settlement proposals, and potentially responding to a judge's view of the case. Many people who manage the FHDRA alone consider getting some legal support at the DRA stage.

What if the Section 7 report hasn't arrived yet by the time the DRA is listed?

The DRA should generally not be listed until the Section 7 report is available. If there is a delay in the report, the court may need to adjourn or re-list the DRA. Contact the court and CAFCASS if a reporting deadline has been missed.

Can we settle a case at the DRA without the judge being involved?

Yes. Many settlements at the DRA happen through negotiation between the parties in the corridor or waiting room, with the agreed terms then recorded by the judge as a consent order. The judge doesn't need to broker the settlement for it to be formalised at the hearing.

What happens if the other party doesn't comply with directions between the FHDRA and the DRA?

Non-compliance with directions, such as failing to file a statement or respond to a questionnaire, can be raised with the court at the DRA. The court can make enforcement orders and, in serious cases, draw adverse inferences from non-compliance. Bring a clear note of what was directed and what was not done.

If we agree at the DRA, can the order be changed later?

An order made at a DRA by consent can be varied later if there has been a significant change in circumstances. Child arrangements orders are not intended to be permanent once children's needs and circumstances change. Applications to vary an existing order are made using form C100.

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.