Understanding the Family Court: What Every Parent Should Know Before Their First Hearing

1. Why This Matters

If you're heading into family court for the first time, you're probably stressed, confused, or overwhelmed. You're not alone. In England and Wales, more than 50,000 private law applications involving children are filed every year, often by parents trying to sort out living arrangements, contact schedules, or major decisions like schooling or medical care. Family court isn’t about winners and losers; it’s about what’s best for your child. This guide will walk you through each stage, what to expect, and how to prepare effectively.

2. What Starts a Family Court Case and What Laws Matter

Most family court cases involving children begin with one parent filing a C100 form. This form can request:

• A Child Arrangements Order (to decide where the child lives or spends time),

• A Prohibited Steps Order (to stop someone from doing something, like taking the child abroad), or

• A Specific Issue Order (to settle a dispute, such as school or religion).

The key legislation governing these proceedings is the Children Act 1989, which prioritises the child’s welfare above all. Section 1 of the Act includes the welfare checklist, a set of seven factors the court must consider, including:

• The child's wishes and feelings (considered in light of age and understanding),

• Physical, emotional, and educational needs,

• Any risk of harm,

• The capability of each parent to meet the child's needs.

You can read more here:

• Children Act 1989

• Practice Direction 12B - Child Arrangements Programme

3. Before the First Hearing: What Happens Next

Once the application is submitted, the court initiates a series of pre-hearing processes:

• A Gatekeeping team (judge or legal adviser) reviews the application and assigns a hearing date.

• The court sends the papers to CAFCASS and the respondent.

• CAFCASS conducts safeguarding checks by contacting the police and social services to see if there are any known risks.

• CAFCASS contacts both parents to carry out short telephone interviews and then prepares a safeguarding letter.

The safeguarding letter includes:

• Summary of checks,

• Each parent’s views,

• Whether the child has been subject to any child protection plan,

• Recommendations for the court (e.g. whether a full risk assessment is needed).

The First Hearing is usually scheduled within 4-6 weeks after application. Delays are common due to court backlogs, particularly since COVID-19.

More on this process:

• CAFCASS Private Law Process

Tip: Keep a running log of events, dates, and concerns. This can help you later when you're preparing a witness statement.

4. The First Hearing (FHDRA): What to Expect

The First Hearing Dispute Resolution Appointment (FHDRA) is the court's attempt to get parents to agree without a full trial. Here’s what happens:

• A legal adviser or judge explains the process.

• CAFCASS may speak to the judge or magistrates about safeguarding concerns.

• If both parents agree on arrangements, the court can issue a Consent Order immediately.

• If there are disagreements or safety concerns, the judge may:

  • Order a Section 7 report,

  • Order both parties to attend Separated Parents Information Programme (SPIP),

  • Schedule a fact-finding hearing if allegations of abuse exist,

  • Issue interim child arrangements until the case is resolved.

Read more:

• What Happens at a FHDRA

Tip: Courts prefer specific, child-focused proposals. Instead of saying "I want more contact," say "I would like our child to stay with me from Friday after school until Sunday evening every other weekend."

5. Understanding CAFCASS and Safeguarding

CAFCASS's role is to ensure the child's voice is heard and their welfare protected. They can:

• Interview both parents,

• Speak to the child directly (usually if over age 7 or 8),

• Contact schools, GPs, or social workers,

• Provide a Section 7 report if the court orders it, which contains recommendations on custody, contact, and safety.

You should:

• Attend all interviews,

• Be honest but calm and focused,

• Highlight concerns respectfully, and always bring evidence.

Tip: Don’t coach your child. If the court believes a child is being manipulated, it could damage your credibility.

6. Mediation and Non-Court Alternatives

Before applying to court, most parents must attend a Mediation Information and Assessment Meeting (MIAM). Only a certified mediator can confirm whether mediation is unsuitable, often due to domestic abuse or urgency.

Other tools:

• Parenting Plans: A written agreement on residence, contact, holidays, and communication.

• Family hubs: Government-supported local centers offering parenting classes and support.

Useful links:

• Family Mediation Council

• CAFCASS Parenting Plan

Tip: Agreements reached outside court are faster, cheaper, and often more flexible than court-imposed orders.

7. Orders the Court Can Make

Common family court orders include:

• Child Arrangements Order: Specifies who the child lives with and sees. These can be shared or sole residency.

• Prohibited Steps Order: Prevents a parent from doing specific things (e.g. changing schools or moving abroad).

• Specific Issue Order: Resolves a disagreement about parental responsibility (e.g. medical treatment).

All orders last until the child turns 16 unless otherwise stated, but they can be varied if circumstances change.

8. Representing Yourself and Legal Aid

Most parents today are litigants in person due to legal aid cuts. Legal aid is only available in family court if:

• You can show evidence of domestic abuse within the past five years,

• The case involves social services (public law).

Check eligibility:

• Legal Aid Checker

Tips for self-representation:

• Prepare a written position statement before each hearing.

• Use respectful language. Avoid personal attacks.

• Address the judge as "Sir/Madam" or "Your Honour."

9. Common Mistakes to Avoid

Avoid these pitfalls:

• Not reading directions: Courts issue orders requiring action (like submitting documents) by a deadline.

• Being vague or emotional: Stick to facts and practical proposals.

• Failing to engage with CAFCASS: Ignoring them signals non-cooperation.

• Recording conversations without consent: This may be illegal and seen as manipulative.

Tip: Frame everything around what is best for your child. Not what you want, but what they need.

10. Checklist: Prepare Like a Pro

Documents to Bring:

• C100 application and responses,

• Birth certificates,

• Statements and supporting evidence,

• School reports, GP letters (if relevant),

• Chronology of key events,

• Your proposed contact schedule.

What to Do Before Hearing:

• Draft a position statement (1-2 pages max).

• Practice explaining your proposal in under 2 minutes.

• Be ready to compromise where possible.

• Plan childcare for the day if needed.

Key Terms to Know:

• MIAM: Mediation Information & Assessment Meeting

• FHDRA: First Hearing Dispute Resolution Appointment

• Section 7 report: A welfare assessment by CAFCASS

• Interim Order: Temporary arrangements pending final order

11. Useful Government Links

• Guide for Separated Parents – CB7

• CAFCASS Court Process

• Practice Direction 12B

• Check Legal Aid

• Family Mediation Council

12. Final Thoughts

Family court is a process, not a battle. It’s structured to focus on what’s best for your child, not what’s easiest or fairest for the parents. If you understand the process, speak clearly, behave respectfully, and keep your child’s needs front and center, you will be in the best position possible.

And remember: most parents eventually reach an agreement, even if it doesn’t happen at the first hearing. Stay focused, stay organised, and ask for help when you need it.

Need help drafting your position statement or parenting plan? I’m here to help.