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Understanding private children hearings in family court

When families separate, it’s not always possible to agree on every aspect of a child’s care. If discussions break down, a family court hearing may be needed to help resolve matters fairly, with a particular focus on what is best for the child.

But what exactly is a family court hearing in private children proceedings and when might you need one?

What do family courts handle in private children cases?

Private children law cases typically arise between individuals, most commonly separated parents, who cannot agree on important issues regarding their children. These may include:

  • Child arrangements: Deciding where a child will live and how much time they will spend with each parent or other family members, such as grandparents.
  • Parental responsibility: Determining who has legal rights and responsibilities for the child, and how decisions about their upbringing will be made.
  • Prohibited steps orders: Preventing a parent or individual from taking certain actions, such as removing the child from school or taking them abroad without consent.
  • Specific issue orders: Asking the court to decide on a particular matter, such as which school the child should attend or what surname they should use.

In all private law cases, the court’s overriding priority is the child’s welfare. To determine what is in the child’s best interests, the court applies the welfare checklist as set out in the Children Act 1989.

When might a court hearing be needed?

A court hearing is usually a last resort. The court expects parties to attempt to reach an agreement through alternative means first, such as private discussion, mediation, or negotiations through solicitors.

However, a court hearing may become necessary:

  • After an application is made: Usually by a parent, grandparent, or another person with a close connection to the child.
  • If agreement can’t be reached: Even with legal support or mediation.
  • Where there are safeguarding concerns: The court may prioritise a case if there are allegations of abuse, neglect, or risk of harm to the child.
  • As part of the court process: Including a First Hearing Dispute Resolution Appointment (FHDRA), potential fact-finding hearings, and a final hearing if needed.

What happens in court proceedings?

Private children proceedings usually involve up to three hearings, each aimed at encouraging agreement where possible and determining what is in the child’s best interests. Where there are allegations of harm or abuse, an additional hearing may be necessary.

FHDRA – First hearing dispute resolution appointment

    This is a preliminary hearing, not a trial. At this stage:

    • A CAFCASS officer may attend to provide input on any welfare or safeguarding concerns.
    • The judge or legal adviser will encourage both parties to reach an agreement, where possible.
    • If the issues are straightforward, an agreement may be approved by the court the same day.
    • If there are allegations of abuse or safeguarding concerns, the court may direct a fact-finding hearing to investigate further.
    • The court will determine next steps such to address the issues, such as witness statements, expert reports or requiring the parties to attend parenting programmes through CAFCASS

    Fact-finding hearing (if required)

    If serious allegations (such as domestic abuse or risk of harm) are raised, the court may hold a fact-finding hearing. At this hearing:

    • Both parties give evidence and may be cross-examined.
    • The judge will decide whether the alleged incidents occurred, based on the balance of probabilities.
    • These findings will then guide how the case proceeds, particularly in relation to safeguarding and contact arrangements.

    DRA – Dispute resolution appointment

    If no fact-finding hearing is needed, or once findings have been made, the next hearing is usually the DRA. At this hearing:

    • The judge will assess the evidence and any reports (e.g. from CAFCASS).
    • The aim is to narrow the issues and encourage the parties to settle.
    • If agreement is reached, a final order can be made.
    • If not, the case is prepared for a final hearing.

    Final hearing

    If an agreement is still not reached, the case proceeds to a final hearing. Here:

    • Both parties give evidence under oath.
    • The judge considers the child’s best interests, using the Children Act welfare checklist.
    • A final, legally binding decision is made and recorded in a court order.

    Common terms you may hear in private children cases

    Child arrangements order: Specifies who the child will live with and how much time they will spend with each parent or other relatives.

    Prohibited steps order: Prevents a parent from taking certain actions concerning the child without court permission.

    Specific issue order: Used when parents cannot agree on a specific issue, such as education or religion.

    CAFCASS (Children and Family Court Advisory and Support Service): An independent body that advises the court on what is best for the child. They may speak with the child and family members and provide a report with recommendations.

    Safeguarding letter: a short report produced by CAFCASS setting out details of initial safeguarding checks. This includes reviewing any prior police and social services involvement and speaking to the parties to understand their position and concerns.

    Section 7 report: This is a more formal assessment carried out by CAFCASS to determine what is in the child’s best interest and welfare. It is aimed to further the child’s wishes and feelings whilst identifying their needs and any potential risks.

    We’re here help

    If you’re facing difficulties agreeing arrangements for your child, we can help guide you through the family court process and explore ways to resolve the matter, always with the child’s welfare as the central focus.

    For further information or advice, please contact Maryam Abbasi on 01494 781359 or email maryam.abbasi@blasermills.co.uk.

    Series: Leasehold and Freehold Reform Act 2024 Part 1

    Part 1: Ban on new leasehold houses

    The Leasehold and Freehold Reform Act 2024 (LAFRA 2024) is a significant piece of legislation aimed at improving the rights of residential leaseholders in England and Wales. LAFRA 2024 received Royal Assent on 24 May 2024 but is not yet in force (save for a limited number of provisions) and the Government is currently drafting secondary legislation to flesh out the details.

    LAFRA 2024 targets several features of leasehold housing, notably leasehold houses, lease extensions, enfranchisement, right to manage and regulation of leaseholds.

    This article focuses on Part 1 of the legislation and outlines the ban on new leasehold houses.

    Leasehold houses

    In 2022-2023 there was an estimated 4.77 million leasehold properties in England, 28% of which were leasehold houses. Leasehold owners have faced increasing challenges in the form of escalating levels of ground rent and service charges, restrictions in the manner in which they can deal with their properties, building safety concerns and the subsequent difficulties with selling and remortgaging their interests.

    The Government has been vocal about its mission to protect leaseholders from unscrupulous practices and Part 1 of LAFRA 2024 aims to tackle problems specifically faced by the leasehold houses sector (for example requiring consent from and paying fees to a freeholder in order to build an extension) by banning the granting (or assignment) of new leasehold houses, save for in a limited number of circumstances. This is part of the Government’s overall strategy to move towards freehold being the default tenure for new houses.

    Scope of the ban

    When it comes into force, the legislation will prohibit the granting of (or entering into an agreement to grant), and in some cases the assignment of (or entering into an agreement to assign), a new long residential lease of a house, save in the case of “permitted leases” as set out in Schedule 1 to the legislation.

    LAFRA 2024 defines what is meant by a “long residential lease of a house” and in its simplest form, it is a lease for a term of more than 21 years for a separate set of premises that has been constructed or adapted for use as a dwelling and which can be occupied under a lease as a separate dwelling.

    “Permitted leases”

    There are two categories of permitted leases under the legislation, and these are set out in Part 1 and Part 2 of Schedule 1.

    Part 1 of Schedule 1 lists the categories of permitted leases that require the developer or seller to apply for and obtain a “permitted use certificate” from the First-tier Tribunal (Property Chamber) in England or the Leasehold Valuation Tribunal in Wales.

    The permitted leases under Part 1 of Schedule 1 include:

    • leases granted out of pre- 22 December 2017 leasehold estates;
    • community housing leases;
    • retirement housing leases;
    • leases of certain National Trust property; and
    • leases granted by the Crown.

    Part 2 of Schedule 1 lists the categories of permitted leases that qualify for self-certification and these include:

    • leases agreed before the ban comes into force;
    • shared ownership leases;
    • home finance plan leases;
    • extended leases; and
    • agricultural leases.

    The introduction of the certification requirement is designed to avoid abuse by developers and sellers, and it is hoped it will enable buyers to proceed through transactions with more confidence.

    Regulation of permitted leases

    Once certified, permitted leases will still be regulated and developers, sellers, marketers and advisors will have to comply with mandatory requirements such as:

    • the provision of “permitted lease information” within marketing materials (essentially a statement identifying which category or categories of Schedule 1 the permitted lease falls under);
    • complying with transaction warning conditions (issuing warning notices stating the lease is a permitted lease and what kind, and the proposed tenant  must provide a notice of receipt, both of which must be endorsed on the lease or agreement for lease); and
    • the inclusion of new Land Registry prescribed clauses (failure of which would result in a restriction on title being entered and which would prohibit future transfers, unless the lease was varied.)

    The aim of the regulations is to ensure that the leasehold nature of the interest is brought to the attention of the proposed tenant as there have been many instances of mis-selling and buyers being under the false impression that they were purchasing a freehold house.

    Redress for breach of ban

    Failure to comply with the provisions of Part 1 of LAFRA 2024 will not affect the validity of the lease (or the assignment) as the rights of tenants must be protected. Redress will be in the form of tenants acquiring the right (which must be separately exercised) to acquire the freehold of the house at no extra cost. This right cannot be contracted out of.

    In addition, those in breach (which can include estate agents engaged in marketing)  can face fines of no less than £500 and up to £30,000.

    When does the ban come into force and who will it impact?

    At present the provisions referred to above are still not yet in force and the Secretary of State will issue secondary legislation to enact the provisions of LAFRA 2024. At the time of writing this is anticipated to be at some time in 2025/2026.

    The legislation will impact existing freeholders of houses, developers (though there has been a decline in the number of new build leasehold houses since the Government announced the ban would be introduced) and those that are entitled to grant/assign permitted leases under Schedule 1 of the Act, such as those operating in the care home sector.

    It is important to note that even if the ban does not apply, there will be procedural changes that must be complied with.

    How we can help

    We are in an era of legislative flux that will have a dramatic impact on landlords and tenants, both at the long leasehold and assured shorthold tenancy ends of the spectrum. Our Property Litigation team has considerable expertise in this area of law and we can help navigate you through the legislative changes to enable you to remain compliant and attain your objectives.

    If you require assistance, please contact the team on 020 3814 2020 or send an email to litigation@blasermills.co.uk.

    Navigating summer holidays as a blended family

    As parents find new partners after separation, step or blended families are created. Summer holidays can be a time of joy and relaxation, but for blended families, they can also come with added layers of complexity. Whether it’s managing different parenting styles, co-parenting arrangements, or expectations from extended family members, planning a summer that works for everyone can be tricky to manage.

    As a family lawyer, I often see how important good communication and clear planning are in helping blended families enjoy the summer break. Here are a few things to consider.

    1. Plan ahead

    Trying to organise time away at the last minute rarely works well when there are multiple households involved. Ideally, holiday arrangements should be discussed and agreed months in advance, giving each parent time to arrange their holidays with the children and reducing stress.

    2. Communicate with the other parent(s)

    If you’re co-parenting with an ex-partner, keeping them informed about plans, travel details and general updates can help build trust and avoid misunderstandings. Ensure your agreement is set out in an email, especially if arrangements have been tricky in the past.

    3. Inform the children once you have agreed the plans with your co-parent

    Children look forward to holidays just as much as us. They often feel more secure when they know what to expect, how long they will be away, where they are going and when they will be coming back to spend time with the other parent. But, don’t share the plans until all the details are agreed.

    4. Look after your mental wellbeing

    It’s easy for emotions to surface during holiday planning, especially with the added dynamic of extended families.  Parents often feel pressure for everyone to have the best time on holiday but it’s rarely possible to please everyone all the time. Recognise what you need in the holidays as well as the children’s needs. If you need to reduce stress, carve out some time to go for a walk in nature, a bike ride or yoga session.

    5. Don’t be afraid to seek support

    If holiday arrangements become a source of conflict, legal advice can help clarify rights and responsibilities. Our lawyers can help you to navigate through disagreements and reach a resolution.

    6. Mediation

    If holiday plans become a source of conflict, legal advice or mediation can help.

    At Blaser Mills, Sadie Glover and Lucinda Holliday are experienced family mediators who support separating families in resolving both financial and children matters without the stress of going to court.

    Lucinda is Law Society accredited and offers child-inclusive mediation. Sadie brings over 20 years’ experience in family law, with a focus on practical, long-term solutions.

    For further information or advice please get in touch with Kate Jones, a Senior Associate, experienced in complex children law matters, on 01494 478684 or email kate.jones@blasermills.co.uk.