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.