Court Hearings in an application for a Child Arrangements Order

There are various types of Court Hearings that can be listed in an application for a Child Arrangements Order.  The Court Order will set out what type of Hearing the matter has been listed for. We set out below a guide as to what happens at each type of Hearing.

First Hearing Dispute Resolution Appointment (FHDRA)

• The Court investigates the issues.
• The parties are given the opportunity to reach agreement.
• If an agreement is reached the Court will make an Order.
• If an agreement is not reached the Court will give case management directions.
• Interim child arrangements are considered and an Interim Order made (if appropriate).

Dispute Resolution Appointment (DRA)

• The Court identifies the outstanding issues.
• The Court can hear evidence to resolve or narrow the issues.
• The Court considers whether the DRA can be used as a Final Hearing.
• The Court identifies what evidence needs to be given at the Final Hearing.
• The Court gives case management directions for the Final Hearing (or next Hearing).

Directions Hearing

• The Court reviews the case.
• The Court considers whether there needs to be any further information or action taken.

Pre-Trial Review (PTR)

• The Court checks all previous directions have been complied with.
• The Court identifies areas of dispute and whether these can be narrowed.
• The Court gives case management directions for the conduct of the next Hearing.

Fact-Finding Hearing

• The Court hears evidence on contested allegations of harm that are relevant to the decision the Court needs to make in relation to the child’s welfare.
• The Court makes Findings about whether something did or did not happen.
• The Findings give a factual basis for the case going forward.

Final Hearing

• The Court determines the parties’ final position on each of the outstanding issues.
• The Court gives the parties an opportunity to reach agreement.
• If an agreement is reached the Court will make a Final Order.
• If an agreement is not reached the Court will hear evidence from the parties, their witnesses (if any), expert witnesses (if any) and the Cafcass Officer (if the Court has ordered their attendance).
• Each party gives a closing speech summarising the important parts of their case.
• The Court uses the evidence in conjunction with the ‘welfare checklist’ (see below) to make a decision which is in the best interests of the child.
• The Court give the reasons for their decision in a Judgment.

Welfare Checklist

When the Court determines any question with regard to a child, the child’s welfare will be the Court’s paramount consideration. The Court must take into account the statutory checklist (see below) and any other factors that it considers relevant. The Children Act 1989 contains the statutory checklist which is a checklist of factors that the Court must consider when deciding what the child’s needs are and what Order to make. Those factors are:

• the ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding)
• the child’s physical, emotional and educational needs
• the likely effect on the child of any change in their circumstances
• the child’s age, sex, background and any other characteristics of theirs that the Court considers relevant
• any harm the child has suffered or may be at risk of suffering
• the capability of the child’s parents (and any other person in relation to whom the Court considers the question to be relevant) in meeting the child’s needs, and
• the range of powers available to the Court under the Children Act 1989 in the proceedings in question

The checklist is not exhaustive.

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Please note the above is for information purposes only and is intended to be a short summary.  It should not be treated as a comprehensive guide and should not be acted on without qualified legal advice.

Please note the above is for information purposes only and is intended to be a short summary. It should not be treated as a comprehensive guide and should not be acted on without qualified legal advice.