Going to family court for the first time can feel overwhelming, particularly when decisions about your children are involved. Whether you are seeking contact with your child, disagreeing about living arrangements or responding to an application from your former partner, understanding what happens at your first child arrangements hearing can help you feel more prepared.
The family courts in England and Wales aim to make decisions that protect children’s welfare and support safe, appropriate arrangements for their upbringing.
In this guide, we explain what to expect at your first hearing, which documents to prepare, the role of Cafcass and how an experienced family law solicitor can support you throughout the process.
What Happens at the First Child Arrangements Hearing?
The first child arrangements hearing, officially called a First Hearing Dispute Resolution Appointment (FHDRA), is where the family court considers safeguarding concerns, identifies disagreements between parents and explores whether suitable arrangements can be agreed.
The hearing is usually conducted by a judge or magistrates, with input from Cafcass where appropriate.
During the hearing, the court will typically:
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Consider the arrangements currently in place for your child.
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Identify which issues the parents agree and disagree about.
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Review any safeguarding concerns.
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Explore whether a safe agreement can be reached.
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Consider temporary arrangements where appropriate.
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Decide whether further evidence, assessments or hearings are required.
The first hearing does not automatically result in a final decision. Some cases are resolved immediately, while others require additional court proceedings.
What Is a Child Arrangements Order?
A Child Arrangements Order is a legally binding court order that determines arrangements concerning a child’s upbringing.
It can specify:
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Where a child lives: Which parent or other person the child lives with.
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When a child spends time with someone: Including overnight stays, weekends and school holidays.
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Other forms of contact: Such as telephone calls or video conversations.
These orders are commonly sought when separated parents cannot agree on arrangements.
If you are experiencing difficulties seeing your child, obtaining legal advice from HRS Family Law Solicitors can help you understand your options before applying to court.
How Should You Prepare for Your First Child Arrangements Hearing?
Preparation is important because the court needs a clear understanding of your circumstances and what arrangements you believe would benefit your child.
1. Gather Your Court Documents
Before attending, organise any documents relevant to your application, including:
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Your C100 application form, if you are the applicant.
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Your C7 response form, if applicable.
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Any C1A form detailing allegations of harm or domestic abuse.
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The court’s notice of hearing.
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Any Cafcass safeguarding letter provided to you.
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Previous court orders relating to your child.
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Any statements or evidence the court has directed you to provide.
You should follow the court’s directions about submitting documents rather than sending additional evidence without permission.
2. Prepare a Summary of Your Concerns
Write down the main issues you want the court to consider.
For example, you may be concerned about inconsistent contact arrangements, difficulties communicating with the other parent or disagreements about school holidays.
Keep your summary factual, concise and focused on your child’s needs.
3. Consider Your Proposed Arrangements
Think carefully about what you want the court to achieve.
Your proposal might include regular weekend contact, shared holiday arrangements or a structured timetable for communication.
The court’s primary consideration is your child’s welfare, so explain how your proposal supports their safety, stability and emotional wellbeing.
What Is the Role of Cafcass at the First Hearing?
Cafcass stands for the Children and Family Court Advisory and Support Service.
It is an independent organisation that advises family courts in England about children’s welfare and best interests.
Before your first hearing, Cafcass will usually carry out safeguarding enquiries, which may include police and local authority checks.
A Cafcass Family Court Adviser will normally contact each parent to discuss any concerns about the child’s safety.
The adviser then prepares a safeguarding letter for the court.
At the hearing, Cafcass may help identify outstanding concerns, advise the court and support discussions about safe arrangements.
If further investigation is needed, the court may request a Section 7 report. This provides a more detailed assessment of the child’s circumstances, wishes and feelings, where appropriate.
What Questions Might the Judge Ask?
Parents often worry about being questioned during their first appearance in family court.
However, the purpose of the hearing is generally to understand the situation and determine the appropriate next steps.
You may be asked:
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What arrangements are currently in place for your child?
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What contact would you like to have?
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Why have previous arrangements not worked?
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Are there any concerns about your child’s safety?
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Have you attempted mediation or reached any agreements?
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What arrangements do you believe would be in your child’s best interests?
Answer questions calmly and truthfully. Avoid interrupting the other parent or allowing disagreements to become personal.
The court is interested in the child’s welfare rather than deciding which parent has won an argument.
What Decisions Can the Court Make at the First Hearing?
Several outcomes are possible depending on the circumstances.
An Agreement Between Parents
If both parents reach an agreement and the court considers it safe and in the child’s best interests, the court may approve the arrangements through a consent order.
An Interim Child Arrangements Order
The court may make a temporary order setting out arrangements while the proceedings continue, provided the relevant safeguarding requirements have been considered.
Further Cafcass Assessments
Where additional information is necessary, the court may request a Section 7 report to assess the child’s welfare and recommend suitable arrangements.
A Further Court Hearing
If significant disagreements remain, the court may schedule another hearing.
Where disputed allegations of domestic abuse or other harm are relevant to the child’s welfare, a separate fact-finding hearing may be necessary before decisions about contact are made.
The court must consider safeguarding concerns carefully and should not pressure parents into agreements that would be unsafe.
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How Long Does the First Child Arrangements Hearing Take?
The length of the hearing varies depending on the complexity of the case, the number of issues being considered and whether safeguarding concerns exist.
The court may resolve straightforward matters relatively quickly, while more complicated disputes require longer discussions or additional hearings.
Your hearing notice will provide information about when and how you should attend. Allow sufficient time for waiting, discussions with your solicitor and any conversations with Cafcass.
Do You Need a Solicitor for Your First Child Arrangements Hearing?
You are not legally required to have a solicitor, but professional representation can be particularly valuable when disagreements involve contact, parental responsibilities or safeguarding concerns.
An experienced family solicitor can help by:
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Explaining the court process and your legal rights.
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Preparing applications, responses and supporting documents.
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Helping you present your concerns clearly.
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Negotiating suitable arrangements with the other parent.
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Representing your interests during hearings.
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Advising you about interim orders and future proceedings.
Having legal support can also help you understand the implications of any proposed agreement before accepting it.
Frequently Asked Questions
Will I see my ex-partner at the first hearing?
Usually, both parents attend the hearing. However, where domestic abuse or safety concerns exist, the court can consider protective arrangements, including separate waiting areas or other participation measures.
Can the court decide child contact at the first hearing?
Yes. The court may approve agreed arrangements or make an appropriate interim order. However, a final decision may require further evidence or assessments.
Will my child have to attend court?
Children do not normally attend the first hearing. Their wishes and feelings may be considered through Cafcass or other appropriate arrangements if required.
What happens if we cannot agree?
The court will identify the remaining disagreements and decide what additional steps are needed. These may include further evidence, a Cafcass report or another hearing.
Get Expert Child Arrangements Advice from HRS Family Law Solicitors
Disagreements about children can be emotionally difficult, especially when you are uncertain about your rights or what to expect in court.
At HRS Family Law Solicitors, our family law team can help you understand the child arrangements process, prepare for your first hearing and work towards arrangements that prioritise your child’s welfare.
Whether you are applying for a Child Arrangements Order, responding to an application or experiencing difficulties maintaining contact with your child, obtaining legal advice early can make the process easier to navigate.
Contact HRS Family Law Solicitors to discuss your circumstances and find out how our team can help.