What is an FHDRA in child arrangements proceedings?

The First Hearing Dispute Resolution Appointment (FHDRA) is the first court hearing in most child arrangements cases. It is a chance for the court to identify the issues, encourage agreement where possible and give directions for the rest of the case. Understanding what an FHDRA is, what to expect and how to prepare can make a significant difference to how your case proceeds.

This guide explains what happens at an FHDRA, who attends, what the court considers and what you should do beforehand.

What is an FHDRA?

The FHDRA is the first court hearing after a child arrangements application is issued. It is listed by the court automatically once the application has been processed.

The hearing is short, usually lasting 30 to 60 minutes, and is conducted by a magistrate, lay justices with a legal adviser or a District Judge depending on the complexity of the case.

The aim of the FHDRA is twofold:

• To identify what the case is about and what is in dispute
• To explore whether the parties can agree without the need for further court hearings

Who attends an FHDRA?

Several people typically attend:

The parties

Both parents (or other applicants) are expected to attend in person or by video link.

Legal representatives

If either party is represented by a solicitor or barrister, they will attend.

CAFCASS officer

A CAFCASS family court adviser is usually present at the hearing. CAFCASS will already have carried out an initial safeguarding check before the hearing and will have a view to share with the court.

The judge or magistrates

The judicial officer who will conduct the hearing.

What happens before the hearing?

Several things happen before the FHDRA:

CAFCASS safeguarding check

CAFCASS carries out an initial safeguarding enquiry, which usually includes:

• Police checks to identify any criminal history
• Social services checks to identify any child protection concerns
• Telephone interviews with each parent

The results are summarised in a safeguarding letter sent to the court before the hearing.

MIAM

The applicant should have attended a Mediation Information and Assessment Meeting (MIAM) before issuing the application, unless an exemption applies. The MIAM certificate confirms this has been done.

Initial response

The respondent will have received a copy of the application and is expected to file a brief response.

What does the court do at an FHDRA?

At the hearing, the court will typically:

• Confirm who is present and what the case is about
• Consider the CAFCASS safeguarding letter
• Identify what is agreed and what is in dispute
• Consider whether interim arrangements need to be made
• Decide whether further evidence (such as a Section 7 report) is needed
• Give directions for the next stage of the case
• Set a date for the next hearing

The court will also consider whether the parties can reach agreement, possibly with CAFCASS help, at or after the hearing.

Possible outcomes of an FHDRA

Agreement reached

If the parties agree on the substantive issues, the court can make a final child arrangements order at the FHDRA. This is the best outcome where it is possible.

Interim arrangements made

If the case cannot be resolved fully, the court may make an interim order setting out contact arrangements until the next hearing.

Section 7 report ordered

If the court needs more information, it can order CAFCASS or the local authority to prepare a Section 7 report. This is a detailed welfare assessment that takes 12 to 16 weeks.

Fact-finding hearing listed

If there are disputed allegations (typically of abuse or coercive control) that the court needs to decide, it may list a fact-finding hearing.

Further directions given

The court will usually give directions about future evidence, the next hearing and any interim matters.

How to prepare for an FHDRA

Position statement

Most parties file a brief position statement before the hearing. This is a 2 to 4 page document setting out:

• Who you are and who the children are
• The current arrangements
• What you are asking the court to do
• What is agreed and what is in dispute

Read the CAFCASS letter

You will receive a copy of the CAFCASS safeguarding letter before the hearing. Read it carefully and be prepared to respond to anything in it.

Think about what is realistic

The court will want to know what you are asking for. Be prepared to articulate the arrangements you want and why they are in the children's best interests.

Be prepared to engage

The court will look favourably on parties who engage constructively. If the other parent makes a reasonable proposal, consider it carefully. If you can agree, you can save months of further proceedings.

What the court considers

The court's overriding concern is the welfare of the children. It will consider:

• The children's wishes and feelings (in an age-appropriate way)
• The children's physical, emotional and educational needs
• The likely effect of any change in their circumstances
• The children's age, sex, background and any relevant characteristics
• Any harm the children have suffered or are at risk of suffering
• The capability of each parent to meet the children's needs
• The range of powers available to the court

This is the welfare checklist set out in the Children Act 1989. Every decision the court makes about children is filtered through these factors.

Common mistakes at FHDRAs

Going in unprepared

The hearing is short. If you are not ready to articulate your position clearly, the court will move on without hearing from you fully.

Focusing on the other parent's conduct

The hearing is not the place to attack the other parent. Focus on the children's needs and the arrangements you propose.

Treating it as a final hearing

The FHDRA is the start of the process, not the end. Do not expect the court to make detailed findings or final orders unless the parties agree.

Failing to engage with CAFCASS

The CAFCASS officer can play an important role. Treat them respectfully and engage with their suggestions.

Refusing to negotiate

Parties who refuse all compromise often find the court less sympathetic. Consider what you can agree, even if you cannot agree everything.

When to take legal advice

FHDRAs are short but important. The directions given at the FHDRA shape the rest of the case. Having a barrister attend with you, or at least review your position statement and brief you on what to expect, can be a worthwhile investment.

A direct access barrister can advise on the issues, prepare your position statement and attend the hearing on a fixed fee.

Looking for a barrister at short notice?

Direct access means you can instruct a specialist barrister without going through a solicitor first. This is often faster and significantly more cost-effective, particularly where the case is already part way through. Send us a short outline of your case and our team will respond the same working day.