Family law guide
A FHDRA hearing arises from private child law proceedings and is usually the first hearing where the court will determine whether an agreement can be reached or directions to be set down.
The courts can direct for many hearings to take place in cases of child law issues. Some of which include an urgent application hearing, directions hearings and FHDRA hearing, dispute resolution hearing, a fact finding hearing and a final hearing.
Our family law specialists provide you with all the information you need on a FHDRA hearing below, through their years of experience in dealing with and specialising in child law matters. This is to ensure you feel comfortable in your proceedings and are aware as to what you can expect at your initial hearing and involvement with the family court.
A FHDRA hearing stands for a First Hearing Dispute Resolutions Appointment. It is often the first court hearing in private children cases, where the court identifies the issues between the parties at an early stage and considers whether an early agreement can be reached, as part of private law proceedings.
Before the court lists the matter for a First Dispute Resolutions Appointment, one party would have made an application to the family court for child custody or child arrangements. The application may have been made by completing a C100 and submitting this to the family court together with the relevant court fee. The C100 is used to apply for a court order to decide for a child or to resolve a dispute regarding a child’s upbringing or any other important issue which needs to be considered.
Prior to submitting a child application form to the court, the applicant must also attend a Mediation Information & Assessment Meeting (MIAM) unless you are exempt. These steps usually take place before formal court proceedings begin in earnest. Your application will need to be served on the other parent, where relevant, or the other party to the proceedings. The family court will usually direct for Cafcass to commence safeguarding checks.
Cafcass is the Children and Family Court Advisory and Support Service. Cafcass advise the family courts regarding the safety, welfare, and best interests of a child. A family court advisor from Cafcass will send out a schedule 2 letter detailing that they will be carrying out initial investigations and enquiries into safeguarding. A Cafcass officer will contact you and the other parent or party to the proceedings to obtain your views, discuss any concerns you may have, and understand relevant family circumstances if needed for safeguarding. The initial enquiries will only deal with matters of safety, including domestic abuse where raised, and no further issues at this stage until the initial court hearing has taken place.
Cafcass will also liaise with the police and social services to carry out initial checks. Following these enquiries Cafcass will produce a safeguarding letter which will be provided to the court and will include details of their findings together with any initial recommendations they are able to make, although the court may later direct a detailed report if further assessment is needed.
Prior to an FHDRA hearing the courts will usually direct for Cafcass to carry out safeguarding checks. Cafcass will usually complete these checks by contacting and communicating with the parents and the parties involved. They will usually ask questions about the children and details of any concerns one parent may have when considering the safety and welfare of the child, including issues relating to a parent’s wellbeing and mental health where relevant.
Safeguarding checks with parents will usually be carried out by way of a telephone interview. The findings of these interviews will be provided to the court in the form of a safeguarding letter. The safeguarding letter will usually be submitted to the family court at least 3 days before the FHDRA hearing takes place.
Parents will often not be aware of what is involved within a safeguarding call and may not be prepared to speak clearly about the issues they wish Cafcass and the court to consider. Failing to express the issues and address your concerns effectively could prejudice your case. Prior to your safeguarding call you should consider seeking legal advice and assistance. Family lawyers can often assist you in ensuring you understand the purpose of the safeguarding interview and provide you with tips and guidance on how to approach this initial interview.
A FHDRA court hearing will usually take place 4-6 weeks after an application for a child matter has been submitted to the court. The reason for this delay is to allow time for the safeguarding checks to be carried out. The First Hearing Dispute Resolutions Appointment is the initial court hearing which the courts list to look at the matter, together with the issues at hand and determine how the case should be progressed.
The courts will utilise an FHDRA hearing to try and see whether an agreement can be reached. The family court will therefore invite the parents and the parties involved to provide their ideas as to what they believe should happen in terms of child arrangements and child custody.
At an FHDRA court hearing the court will listen to both parents but will not necessarily consider any evidence at this stage.
If the courts, feel an agreement between the parents or the parties cannot be reached they may make case management decisions about how the matter will proceed. This may involve directions for the relevant evidence to be adduced and gathered, as the court may need more evidence before issues can be resolved, as well as directions for Cafcass to carry out further investigative works to prepare a report.
The courts will usually consider making the following directions:
Quite often parents may be able to reach an agreement at the FHDRA hearing. The courts aim is to try and see whether a resolution can be reached. The court and the Cafcass officer will therefore attempt to assist the parents and help the parties reach an agreement where appropriate. The courts also have mediators which the courts can refer parents, should there be a possibility that an agreement can be reached.
If the parents or the parties involved can reach an agreement at the FHDRA court hearing, the court can make a final order or final decision at that stage. This final order will detail what has been agreed between the parties. The courts will only assist the parties in reaching an agreement where it is the child’s best interests, particularly any children affected by welfare concerns. However, where there are safeguarding concerns and concerns of a child suffering harm or likely to suffer harm then the courts may not assist the parties to reach an agreement.
The First Hearing Dispute Resolutions Appointment should not be underestimated to treated lightly. The initial FHDRA court hearing is likely to set the tone for the rest of the proceedings. A lot of things can take place at the FHDRA and it is probably the most important hearing in your child law matter. Failure to address the hearing adequately, by being fully prepared to attend court and present your position properly, could lead to you missing out important information which cause significant delays to your matter and could even seriously prejudice your matter.
You should seek legal advice and assistance prior to your FHDRA. At Kabir Family Law our family law specialists possess a vast amount of knowledge and experience in child proceedings.
Our family law team can assist you in understanding what to expect at an FHDRA hearing as well as providing you with your options and details of possible outcomes, including how to put your case forward effectively at the hearing. We understand child act proceedings can be stressful and sensitive. We therefore provide a free initial telephone consultation to understand your concerns. From the very first consultation we will be able to provide you with tailored strategies to assist you in achieving your desired outcome. We will also aim to relieve some of the pressure you are facing and ensure your experience is smooth and not overwhelming or daunting. Contact us today to find out how we can assist you with your FHDRA court hearing.
The primary concern for the courts is the welfare and best interests of the child. The courts will undertake to identify any welfare issues from the outset to ensure the safety and wellbeing of the child is protected. The courts will also consider the nature of any allegations of domestic abuse and how this could affect arrangements for the child, including whether a child arrangement order can be made and in what terms.
Where domestic violence or abuse is involved the courts will ensure it protects the child and the parent with whom the child is living with to avoid the risk of further harm. The courts will also consider whether it is in the best interests of a child for a parent who has caused the violence or abuse to spend time with the child at this stage, as this may affect the court’s decision on interim contact or restrictions.
The next steps following a first hearing dispute resolution appointment will depend on whether an agreement has been reached. Where the parties have managed to reach an agreement, the court will usually record this in a court order providing it is in the best interests of the child, and the court will decide any necessary further steps after the hearing.
The child arrangements order will provide the arrangements for the child which have been agreed. The order will usually indicate who the child will live with and when they will see the other parent.
If an agreement has not been reached at the FHDRA or if issues remain unresolved and further hearings are required to address them, then the courts will provide an order which set out details of the directions which parties need to comply with as well providing a date for the subsequent hearing. The courts may direct a section report to be prepared and make interim orders while the case continues.
Where there are serious allegations or accusations that need to be considered, the court may consider ordering a fact-finding hearing, sometimes referred to as a fact hearing, to determine these allegations. During this period, the courts may not allow contact with the parents against whom there are concerns until the matters are investigated. Alternatively, the courts may provide interim contact by way of supervised contact or indirect contact.
Where there are no serious concerns the court may order immediate interim contact and provide an interim court order which must be followed until the investigations are carried out and before the court decides the case finally.
Our family law specialists can assist you in preparing for your FHDRA hearing. We can provide you with general advice as to what you can expect at the hearing as well help you obtain representation to assist you before the judge at the hearing.
Our family specialists have noted that position statements can help in preparing for a an FHDRA hearing. A position statement can be extremely helpful given that no evidence is usually seen by the court except a safeguarding letter. By preparing a position statement you will be able to give some information on your matter as well as providing your arguments and concerns in writing. This statement is not ordered by the court but can be used as a tool to assist you during your hearing. A position statement will provide the court of your position prior to the hearing and can help focus the orders you want the court to consider. A clear written summary can also assist the court when making early procedural directions under the judge’s discretion. We can review your matter in detail with you to assist you in setting out your picture, raising your concerns and detailing what you should believe should happen at the hearing.
At Kabir Family Law we deal with all types of family and child law matters. Should you be involved in child law proceedings and the courts have listed for a First Hearing Dispute Resolutions Appointment, we can assist you and provide you with more advice and information. We can also assist you in preparing you for your FHDRA hearing as well as your safeguarding interview which will be presented to the court prior to the hearing. Contact us today on 0330 094 5880 to discuss your options to discuss your options or let us call you back. You can otherwise book a time that suits you.
Our family lawyers in Oxford as well as across the UK work around the clock and will be able to provide you with the advice and you need at a time to suit your needs.
8 of 29 guides — scroll sideways for more
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Sibling Contact Orders: Protecting the Bond Between Brothers and Sisters
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Applying for a Child Contact Order
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Reasons To Stop Child Contact
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Short videos from the Kabir Family Law team, explaining family law in plain English.
We are a team of legally trained family law and divorce specialists with years of experience across all areas of family law. We are not part of a firm of solicitors, do not undertake legal reserved activities unless permitted and are therefore entirely independent. Please subscribe to our mailing list.
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